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 refused to quash proceedings under Section 482 CrPC and dismissed the application challenging a Section 138 NI Act, 1881 complaint. The court held that disputed factual questions-including the cheque presentation date relative to contract termination and alleged part payments under Section 56-cannot be resolved at the threshold and require trial. It affirmed that statutory presumptions under Sections 118 and 139 of the NI Act, 1881 operate mandatorily and cannot be rebutted merely by pleadings; such contentions must be tested by evidence. No illegality, infirmity, or abuse of process was found in continuing the complaint, and the high threshold for exercise of inherent jurisdiction was not met.
The HC refused to quash proceedings under Section 482 CrPC and dismissed the application challenging a Section 138 NI Act, 1881 complaint. The court held that disputed factual questions-including the cheque presentation date relative to contract termination and alleged part payments under Section 56-cannot be resolved at the threshold and require trial. It affirmed that statutory presumptions under Sections 118 and 139 of the NI Act, 1881 operate mandatorily and cannot be rebutted merely by pleadings; such contentions must be tested by evidence. No illegality, infirmity, or abuse of process was found in continuing the complaint, and the high threshold for exercise of inherent jurisdiction was not met.
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