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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SC quashed the First Information Report (FIR) against the appellant, holding that a mere breach of commercial agreement does not constitute criminal fraud under Section 415 IPC. The Court found no evidence of deliberate deception, noting the appellant's creditworthiness was demonstrated by bankers' continued financial support, including an additional loan in 2018. The materials collected during investigation did not establish fraudulent intent at the transaction's inception. The Court emphasized that defaulting on a commercial arrangement does not automatically imply criminal intent, distinguishing between civil contractual disputes and criminal offenses. The impugned order was set aside, effectively terminating the criminal proceedings against the appellant.
SC quashed the First Information Report (FIR) against the appellant, holding that a mere breach of commercial agreement does not constitute criminal fraud under Section 415 IPC. The Court found no evidence of deliberate deception, noting the appellant's creditworthiness was demonstrated by bankers' continued financial support, including an additional loan in 2018. The materials collected during investigation did not establish fraudulent intent at the transaction's inception. The Court emphasized that defaulting on a commercial arrangement does not automatically imply criminal intent, distinguishing between civil contractual disputes and criminal offenses. The impugned order was set aside, effectively terminating the criminal proceedings against the appellant.
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