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 and upheld the trial court's acquittal of the accused under Section 138 N.I. Act, concluding the complainant failed to prove the offence. The court held the accused successfully rebutted the statutory presumptions under Sections 118 and 139 on the preponderance of probabilities standard; circumstantial materials and DW evidence, including Exhibit D1, undermined PW1's transaction-related testimony and exposed gaps in the complaint and chief affidavit (notably omission of cheque execution/issuance date). Consistent with precedent, where the accused contests the complainant's financial capacity the evidential burden shifts back to the complainant, which here remained unestablished.
The HC dismissed the appeal and upheld the trial court's acquittal of the accused under Section 138 N.I. Act, concluding the complainant failed to prove the offence. The court held the accused successfully rebutted the statutory presumptions under Sections 118 and 139 on the preponderance of probabilities standard; circumstantial materials and DW evidence, including Exhibit D1, undermined PW1's transaction-related testimony and exposed gaps in the complaint and chief affidavit (notably omission of cheque execution/issuance date). Consistent with precedent, where the accused contests the complainant's financial capacity the evidential burden shifts back to the complainant, which here remained unestablished.
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