Restriction of Input Tax Credit under Rule 86A applies only to fraudulently or ineligible availed credit; mere wrongful recipient availment is insuffi...
Business reorganisation requires recognition of successor's modified return; draft orders against dissolved transferor quashed and fresh review direct...
Pre-commencement R&D deduction denied where business had not commenced; deeming benefit requires tangible start of manufacture or commercial exploitat...
Dishonour of cheque prosecutions require direct involvement by individual officers to impose vicarious liability; independent and non executive directors who lack executive control and pecuniary interest are not in charge of company affairs and cannot be held liable absent specific nexus to the financial transactions, and summons against such directors were quashed. By contrast, a chief financial officer is part of key managerial personnel with primary responsibility for accounting and financial administration; liability for negotiable instrument dishonour was maintained against the CFO and his summons upheld.
Dishonour of cheque prosecutions require direct involvement by individual officers to impose vicarious liability; independent and non executive directors who lack executive control and pecuniary interest are not in charge of company affairs and cannot be held liable absent specific nexus to the financial transactions, and summons against such directors were quashed. By contrast, a chief financial officer is part of key managerial personnel with primary responsibility for accounting and financial administration; liability for negotiable instrument dishonour was maintained against the CFO and his summons upheld.
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