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 dismissed appeal challenging acquittal in dishonour of cheque case under Section 138 read with Section 141 of Negotiable Instruments Act. Appellant failed to establish respondent's vicarious liability as director when company entered liquidation on 29.07.2013 per HC order, while impugned cheque was issued on 28.10.2013. Prosecution witnesses admitted company's liquidation and official liquidator's control over assets. Court held appellant failed to prove respondent's specific role in cheque issuance post-liquidation or his responsibility for company's business conduct at time of offence. Presumption of innocence favoured accused throughout trial. HC affirmed trial court's acquittal finding ingredients under Section 138/141 NI Act unproven against respondent who ceased directorship upon liquidation.
HC dismissed appeal challenging acquittal in dishonour of cheque case under Section 138 read with Section 141 of Negotiable Instruments Act. Appellant failed to establish respondent's vicarious liability as director when company entered liquidation on 29.07.2013 per HC order, while impugned cheque was issued on 28.10.2013. Prosecution witnesses admitted company's liquidation and official liquidator's control over assets. Court held appellant failed to prove respondent's specific role in cheque issuance post-liquidation or his responsibility for company's business conduct at time of offence. Presumption of innocence favoured accused throughout trial. HC affirmed trial court's acquittal finding ingredients under Section 138/141 NI Act unproven against respondent who ceased directorship upon liquidation.
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