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 petition under Section 482 CrPC seeking quashing of summoning orders in a Section 138 NI Act prosecution. The court found the cheque issuance and dishonour admitted by the petitioners and the return memo on record; accordingly the rebuttable statutory presumption under Section 139 NI Act was prima facie attracted that the cheque was issued for a legally enforceable debt or liability. The petitioners' denial that the cheque did not discharge a debt was held to raise triable issues which cannot be resolved on a Section 482 application. Exercising its inherent jurisdiction sparingly, the HC declined to quash the proceedings and dismissed the petition.
The HC dismissed the petition under Section 482 CrPC seeking quashing of summoning orders in a Section 138 NI Act prosecution. The court found the cheque issuance and dishonour admitted by the petitioners and the return memo on record; accordingly the rebuttable statutory presumption under Section 139 NI Act was prima facie attracted that the cheque was issued for a legally enforceable debt or liability. The petitioners' denial that the cheque did not discharge a debt was held to raise triable issues which cannot be resolved on a Section 482 application. Exercising its inherent jurisdiction sparingly, the HC declined to quash the proceedings and dismissed the petition.
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