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 writ petition and upheld the revisional court's order, holding that the magistrate lawfully proceeded under the procedural mandate for complaint verification and issuance of process. The court found no perversity or jurisdictional error in retaining criminal proceedings for dishonour of cheque where a signed cheque can constitute a new, legally enforceable promise notwithstanding an earlier time-barred transaction under the Limitation Act, by operation of Section 25(3) of the Indian Contract Act; past consideration may validate such promise. Questions as to whether the underlying debt is time-barred are factual mixed issues for trial; interference under Section 482 CrPC was not warranted, and the petition was dismissed.
The HC dismissed the writ petition and upheld the revisional court's order, holding that the magistrate lawfully proceeded under the procedural mandate for complaint verification and issuance of process. The court found no perversity or jurisdictional error in retaining criminal proceedings for dishonour of cheque where a signed cheque can constitute a new, legally enforceable promise notwithstanding an earlier time-barred transaction under the Limitation Act, by operation of Section 25(3) of the Indian Contract Act; past consideration may validate such promise. Questions as to whether the underlying debt is time-barred are factual mixed issues for trial; interference under Section 482 CrPC was not warranted, and the petition was dismissed.
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