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 held that service of notice under Section 138(b) of the Negotiable Instruments Act must be made directly to the drawer of the cheque. Service of notice on a relative, without evidence that the accused had knowledge thereof, does not satisfy the statutory requirement. The complainant failed to prove proper service or constructive notice to the accused. Consequently, there was no substantial compliance with the mandatory notice provision. The conviction and sentence imposed on the revision petitioner were set aside, resulting in the acquittal of the petitioner. The revision petition was allowed accordingly.
The HC held that service of notice under Section 138(b) of the Negotiable Instruments Act must be made directly to the drawer of the cheque. Service of notice on a relative, without evidence that the accused had knowledge thereof, does not satisfy the statutory requirement. The complainant failed to prove proper service or constructive notice to the accused. Consequently, there was no substantial compliance with the mandatory notice provision. The conviction and sentence imposed on the revision petitioner were set aside, resulting in the acquittal of the petitioner. The revision petition was allowed accordingly.
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