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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The HC dismissed the revision petition in a Section 138 Negotiable Instruments Act case. The accused admitted receiving a loan of Rs. 3 lakhs but claimed repayment without satisfactory proof. The cheque dishonoured due to insufficient funds. The accused failed to rebut presumptions under Sections 118(a) and 139 of NI Act regarding cheque validity and consideration. Despite receiving legal notice, the accused could not establish payment to the complainant. The HC held all ingredients of Section 138 were satisfied, affirming the conviction and three-month imprisonment sentence. The compensation of Rs. 4.5 lakhs was deemed adequate despite being potentially low, as no appeal was filed challenging it.
The HC dismissed the revision petition in a Section 138 Negotiable Instruments Act case. The accused admitted receiving a loan of Rs. 3 lakhs but claimed repayment without satisfactory proof. The cheque dishonoured due to insufficient funds. The accused failed to rebut presumptions under Sections 118(a) and 139 of NI Act regarding cheque validity and consideration. Despite receiving legal notice, the accused could not establish payment to the complainant. The HC held all ingredients of Section 138 were satisfied, affirming the conviction and three-month imprisonment sentence. The compensation of Rs. 4.5 lakhs was deemed adequate despite being potentially low, as no appeal was filed challenging it.
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