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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SC allowed the appeal, set aside the High Court order of acquittal, and restored the concurrent findings of the Trial Court and Sessions Court convicting the Accused under section 138 NI Act; the Accused was directed to remit Rs. 7,50,000 by fifteen equal monthly instalments of Rs. 50,000. The Court affirmed the applicability of presumptions under ss. 118 and 139 NI Act once cheque execution is admitted, held those presumptions rebuttable but not displaced on the record here, rejected the defence of a signed blank cheque and the contention of the Complainant's alleged incapacity to advance loan for want of evidence, and observed scope for compounding or pleading in mitigation.
SC allowed the appeal, set aside the High Court order of acquittal, and restored the concurrent findings of the Trial Court and Sessions Court convicting the Accused under section 138 NI Act; the Accused was directed to remit Rs. 7,50,000 by fifteen equal monthly instalments of Rs. 50,000. The Court affirmed the applicability of presumptions under ss. 118 and 139 NI Act once cheque execution is admitted, held those presumptions rebuttable but not displaced on the record here, rejected the defence of a signed blank cheque and the contention of the Complainant's alleged incapacity to advance loan for want of evidence, and observed scope for compounding or pleading in mitigation.
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