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...
Functional comparability governs software-service benchmarking: dissimilar companies are excluded, while related-party filters, margins and working-ca...
Initial defect in authorization to prosecute under the Negotiable Instruments regime is a curable defect; a company acts through natural persons and a complaint stating prima facie that an authorised employee represents the company and has knowledge is sufficient for cognizance. Where authorization is disputed on serious factual grounds the accused may raise the issue at trial and the Magistrate should not dismiss at threshold; invocation of inherent jurisdiction to quash such cognizance is unjustified. Subsequent ratification or board resolution may validate the complaint and additional evidence to that effect was rightly permitted.
Initial defect in authorization to prosecute under the Negotiable Instruments regime is a curable defect; a company acts through natural persons and a complaint stating prima facie that an authorised employee represents the company and has knowledge is sufficient for cognizance. Where authorization is disputed on serious factual grounds the accused may raise the issue at trial and the Magistrate should not dismiss at threshold; invocation of inherent jurisdiction to quash such cognizance is unjustified. Subsequent ratification or board resolution may validate the complaint and additional evidence to that effect was rightly permitted.
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