Transfer-pricing treatment of ITeS margins excludes pass-through tax recoveries and separate delayed-receivables interest after working-capital adjust...
Capacity-utilisation adjustments under TNMM can neutralise substantiated COVID-related idle costs where underutilisation materially affects profitabil...
TNMM functional comparability requires excluding rice manufacturers from a pure Basmati rice trader's benchmark and recognising operating export recei...
Working-capital adjustment subsumes delayed-receivable effects in TNMM benchmarking of captive software-development services, avoiding separate notion...
Transfer-pricing comparability requires exclusion of financially illogical super-profit comparables and correction of unsupported annual-report and ma...
Charitable character assessment preserves Section 80G approval despite inclusive spiritual teachings and incidental religious expenditure within the s...
Penalty proceedings for cash-loan acceptance require assessment proceedings and recorded Assessing Officer satisfaction; absent these, the proceedings...
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HC affirmed vicarious liability of company directors under Sections 138/141 of NI Act in cheque dishonor case. Directors challenged summoning orders claiming non-involvement in company's daily operations. Court held that while complainant must aver director's responsibility for company affairs, burden shifts to accused to prove non-involvement during trial. Court rejected premature quashing under Section 482 CrPC, noting disputed facts require trial determination. Mere documentary evidence presented insufficient to establish directors' non-involvement conclusively. Petition dismissed as complaint contained requisite elements to proceed against directors, maintaining presumption of vicarious liability pending full trial examination of factual defenses.
HC affirmed vicarious liability of company directors under Sections 138/141 of NI Act in cheque dishonor case. Directors challenged summoning orders claiming non-involvement in company's daily operations. Court held that while complainant must aver director's responsibility for company affairs, burden shifts to accused to prove non-involvement during trial. Court rejected premature quashing under Section 482 CrPC, noting disputed facts require trial determination. Mere documentary evidence presented insufficient to establish directors' non-involvement conclusively. Petition dismissed as complaint contained requisite elements to proceed against directors, maintaining presumption of vicarious liability pending full trial examination of factual defenses.
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