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 discharged petitioner-director from prosecution under Section 138 Negotiable Instruments Act after finding no prima facie case existed. Petitioner had resigned as director on 18.12.2015 before cheque issuance on 11.03.2016, with resignation properly accepted by company and notified to Registrar of Companies through Form 32. Court held that director whose resignation was duly accepted and notified cannot be held vicariously liable for company's subsequent acts. Relying on precedents including Mohd. Akram Siddiqui and Harshendra Kumar cases, HC determined that public documents establishing resignation could be considered at discharge stage rather than requiring full trial, as continuing prosecution would constitute abuse of process when accusations cannot stand on documentary evidence.
HC discharged petitioner-director from prosecution under Section 138 Negotiable Instruments Act after finding no prima facie case existed. Petitioner had resigned as director on 18.12.2015 before cheque issuance on 11.03.2016, with resignation properly accepted by company and notified to Registrar of Companies through Form 32. Court held that director whose resignation was duly accepted and notified cannot be held vicariously liable for company's subsequent acts. Relying on precedents including Mohd. Akram Siddiqui and Harshendra Kumar cases, HC determined that public documents establishing resignation could be considered at discharge stage rather than requiring full trial, as continuing prosecution would constitute abuse of process when accusations cannot stand on documentary evidence.
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