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 quashed proceedings against petitioners under Section 138 read with Section 141 of Negotiable Instruments Act for dishonoured cheque issued by accused Cooperative Society. Court held that complainant failed to establish primary requirement under Section 141(1) by not alleging in complaint that petitioners were in charge of and responsible for Society's business conduct at time of offence commission. Mere general statements about managing affairs insufficient without specific allegations of charge and responsibility. Following Supreme Court precedent in Ravi Dhingra case, Court found prosecution against Managing Director and Authorised Signatory prima facie unsustainable due to absence of essential allegations. Petition allowed, proceedings quashed.
HC quashed proceedings against petitioners under Section 138 read with Section 141 of Negotiable Instruments Act for dishonoured cheque issued by accused Cooperative Society. Court held that complainant failed to establish primary requirement under Section 141(1) by not alleging in complaint that petitioners were in charge of and responsible for Society's business conduct at time of offence commission. Mere general statements about managing affairs insufficient without specific allegations of charge and responsibility. Following Supreme Court precedent in Ravi Dhingra case, Court found prosecution against Managing Director and Authorised Signatory prima facie unsustainable due to absence of essential allegations. Petition allowed, proceedings quashed.
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