Employee stock-shortage penalties do not constitute consideration for services, preventing GST collection under Schedule II in employment relationship...
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Capacity-utilisation adjustments under TNMM can neutralise substantiated COVID-related idle costs where underutilisation materially affects profitabil...
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The HC dismissed the appeal, affirming the decree in favor of the plaintiff for recovery of the price of goods sold and delivered, along with damages. The appellants, defendants 6 and 7, were held liable for failing to exercise due diligence in verifying shipping documents, which were forged, and for breaching their fiduciary duties. Defendant 6 transported goods under an unauthorized name without plaintiff's consent, while defendant 7 acted beyond its authority by accepting such documents, thereby facilitating the breach of the Letter of Credit terms. Their conduct enabled the importer and negotiating bank to avoid liability, causing loss to the plaintiff. Despite arguments suggesting lack of direct involvement in fraud, the appellants were found culpable for their unauthorized actions resulting in plaintiff's financial loss. The court upheld the original judgment, requiring appellants to compensate the plaintiff accordingly.
The HC dismissed the appeal, affirming the decree in favor of the plaintiff for recovery of the price of goods sold and delivered, along with damages. The appellants, defendants 6 and 7, were held liable for failing to exercise due diligence in verifying shipping documents, which were forged, and for breaching their fiduciary duties. Defendant 6 transported goods under an unauthorized name without plaintiff's consent, while defendant 7 acted beyond its authority by accepting such documents, thereby facilitating the breach of the Letter of Credit terms. Their conduct enabled the importer and negotiating bank to avoid liability, causing loss to the plaintiff. Despite arguments suggesting lack of direct involvement in fraud, the appellants were found culpable for their unauthorized actions resulting in plaintiff's financial loss. The court upheld the original judgment, requiring appellants to compensate the plaintiff accordingly.
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