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 petitions seeking quashing of the summoning orders under the NI Act, holding that the petitioner failed to produce unimpeachable material warranting exercise of Section 482 CrPC at the pre-trial stage. Allegations that the petitioner was a director and responsible for the company's day-to-day affairs at the time of issuance of the disputed cheques remain prima facie established by the complaint; subsequent resignation did not negate liability. The court reiterated that factual disputes regarding vicarious liability and managerial control under Sections 138/141 are inappropriate for Section 482 adjudication unless disproved by sterling evidence, and therefore declined to interfere with the trial court's process.
The HC dismissed the petitions seeking quashing of the summoning orders under the NI Act, holding that the petitioner failed to produce unimpeachable material warranting exercise of Section 482 CrPC at the pre-trial stage. Allegations that the petitioner was a director and responsible for the company's day-to-day affairs at the time of issuance of the disputed cheques remain prima facie established by the complaint; subsequent resignation did not negate liability. The court reiterated that factual disputes regarding vicarious liability and managerial control under Sections 138/141 are inappropriate for Section 482 adjudication unless disproved by sterling evidence, and therefore declined to interfere with the trial court's process.
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