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 set aside the trial court's acquittal of the accused in a Section 138 N.I. Act cheque dishonour case. The court held that the accused's signature on the cheque was admitted, establishing execution and issuance. The trial court's requirement for evidence of prior demand or meeting between parties was deemed unnecessary and unreasonable. The prosecution sufficiently proved the transaction and cheque execution, invoking the statutory presumption under Section 139 of the N.I. Act in favor of the complainant. The accused failed to rebut this presumption. Consequently, the accused was found guilty of the offence under Section 138 of the N.I. Act. The appeal was allowed, and the acquittal was set aside.
The HC set aside the trial court's acquittal of the accused in a Section 138 N.I. Act cheque dishonour case. The court held that the accused's signature on the cheque was admitted, establishing execution and issuance. The trial court's requirement for evidence of prior demand or meeting between parties was deemed unnecessary and unreasonable. The prosecution sufficiently proved the transaction and cheque execution, invoking the statutory presumption under Section 139 of the N.I. Act in favor of the complainant. The accused failed to rebut this presumption. Consequently, the accused was found guilty of the offence under Section 138 of the N.I. Act. The appeal was allowed, and the acquittal was set aside.
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