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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Dishonour of cheque issued in a firm's name raised maintainability and locus standi issues; the High Court found the trial court correctly held the complainant competent to sue in a sole proprietorship matter, and rejected the petitioners' locus objection. Bank records proving stoppage of payment and timely statutory demand triggered the statutory presumptions in favour of the complainant; the burden shifted to the accused to rebut with material evidence, which they failed to produce, so the misuse defence was rejected. Given concurrent findings at trial and on appeal and the limited scope of revisional jurisdiction, the conviction under the negotiable instruments offence was upheld.
Dishonour of cheque issued in a firm's name raised maintainability and locus standi issues; the High Court found the trial court correctly held the complainant competent to sue in a sole proprietorship matter, and rejected the petitioners' locus objection. Bank records proving stoppage of payment and timely statutory demand triggered the statutory presumptions in favour of the complainant; the burden shifted to the accused to rebut with material evidence, which they failed to produce, so the misuse defence was rejected. Given concurrent findings at trial and on appeal and the limited scope of revisional jurisdiction, the conviction under the negotiable instruments offence was upheld.
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