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...
Page of 4828
Press 'Enter' after typing page number.
161 to 180 of 96556 Results
❮
❯
❯❯
0 / 200
Expand Note
Add to Folder
No Folders have been created
+
Are you sure you want to delete "My most important" ?
The HC quashed proceedings against petitioners under Companies Act sections 129/448 for non-disclosure of specified bank notes transactions during demonetization period. The court found the prosecution procedurally defective as the complaint lacked proper satisfaction of prima facie case against the accused. While section 129(7) imposes penalties for non-compliance with financial statement requirements, the court noted that section 439 creates a specific jurisdictional bar requiring complaints be filed by authorized persons. Additionally, the court determined that essential elements of fraud under section 448 were not established, as the auditor merely reported inability to provide details rather than intentional false statements. The HC deemed the proceedings an abuse of process, particularly as no third party was prejudiced by the alleged non-disclosure, and accordingly allowed the application.
The HC quashed proceedings against petitioners under Companies Act sections 129/448 for non-disclosure of specified bank notes transactions during demonetization period. The court found the prosecution procedurally defective as the complaint lacked proper satisfaction of prima facie case against the accused. While section 129(7) imposes penalties for non-compliance with financial statement requirements, the court noted that section 439 creates a specific jurisdictional bar requiring complaints be filed by authorized persons. Additionally, the court determined that essential elements of fraud under section 448 were not established, as the auditor merely reported inability to provide details rather than intentional false statements. The HC deemed the proceedings an abuse of process, particularly as no third party was prejudiced by the alleged non-disclosure, and accordingly allowed the application.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4828 
Join Channel 
