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 held that interim moratorium under Section 96 IBC does not protect against criminal prosecution under Section 138 of NI Act. The moratorium is restricted to civil claims for debt recovery and does not extend to criminal proceedings. The protection applies only to corporate debtors, not personal guarantors or individual directors. Prosecutorial actions for cheque dishonor remain valid, as the legislative intent is to maintain commercial transaction integrity. The court emphasized that criminal liability cannot be evaded through insolvency proceedings. Consequently, the appellants' petition seeking stay of criminal proceedings was dismissed, reinforcing the deterrent effect of the NI Act in ensuring accountability in commercial transactions.
SC held that interim moratorium under Section 96 IBC does not protect against criminal prosecution under Section 138 of NI Act. The moratorium is restricted to civil claims for debt recovery and does not extend to criminal proceedings. The protection applies only to corporate debtors, not personal guarantors or individual directors. Prosecutorial actions for cheque dishonor remain valid, as the legislative intent is to maintain commercial transaction integrity. The court emphasized that criminal liability cannot be evaded through insolvency proceedings. Consequently, the appellants' petition seeking stay of criminal proceedings was dismissed, reinforcing the deterrent effect of the NI Act in ensuring accountability in commercial transactions.
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