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 held that the sale of copper ingots was vitiated by material misdescription and latent defects. Despite the "as is where is" clause, the buyer could not be held liable for defects not discoverable through reasonable inspection. The court applied Sections 15 and 16 of the Sale of Goods Act, finding that the goods did not match the auction notice description. The principle of caveat emptor does not absolve the seller from liability when latent defects exist. Consequently, the court set aside the sale and allowed the applicant's refund request, emphasizing the seller's obligation to provide goods matching the advertised description.
HC held that the sale of copper ingots was vitiated by material misdescription and latent defects. Despite the "as is where is" clause, the buyer could not be held liable for defects not discoverable through reasonable inspection. The court applied Sections 15 and 16 of the Sale of Goods Act, finding that the goods did not match the auction notice description. The principle of caveat emptor does not absolve the seller from liability when latent defects exist. Consequently, the court set aside the sale and allowed the applicant's refund request, emphasizing the seller's obligation to provide goods matching the advertised description.
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