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 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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