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...
Page of 4828
Press 'Enter' after typing page number.
161 to 180 of 96556 Results
❮
❯
❯❯
0 / 200
Expand Note
Add to Folder
No Folders have been created
+
Are you sure you want to delete "My most important" ?
The HC held that service of a statutory notice under Section 138(b) of the NI Act on a third person, specifically a relative, without evidence that the accused had knowledge of such service, is insufficient to satisfy the mandatory notice requirement. The Court found no material indicating the accused received or was aware of the notice, which was instead served on the accused's mother. This failure to prove proper service of notice violated the procedural mandate essential for prosecution under Section 138. Consequently, the Court set aside the conviction and sentence, acquitting the revision petitioner. The ruling reaffirms that the burden lies on the complainant to establish effective service on the accused, and mere service on a relative does not rebut the presumption under Section 27 of the General Clauses Act absent proof of the accused's knowledge.
The HC held that service of a statutory notice under Section 138(b) of the NI Act on a third person, specifically a relative, without evidence that the accused had knowledge of such service, is insufficient to satisfy the mandatory notice requirement. The Court found no material indicating the accused received or was aware of the notice, which was instead served on the accused's mother. This failure to prove proper service of notice violated the procedural mandate essential for prosecution under Section 138. Consequently, the Court set aside the conviction and sentence, acquitting the revision petitioner. The ruling reaffirms that the burden lies on the complainant to establish effective service on the accused, and mere service on a relative does not rebut the presumption under Section 27 of the General Clauses Act absent proof of the accused's knowledge.
Note: It is a system-generated summary and is for quick reference only.