Reopening of assessment cannot rest solely on an audit party's opinion; reassessment under Section 147/148 is impermissible and power of revision shou...
Tested party selection: functional analysis identified the least complex unit as the appropriate tested party, altering the transfer pricing adjustmen...
Section 138 requires cheques to be presented within six months from the date drawn or within validity; undated cheques delivered on the loan date are reckoned from that date, and presentation after that period invalidates Section 138 relief. Separately, guarantor liability under the Master Facility Agreement and Deed of Guarantee arises only after contractually defined events of default and prescribed pre-conditions (including notice/demand) are complied with. Where the record shows ongoing payments, a subsisting restructured account, and no crystallised default or contractual demand, invoking security cheques or Section 138 proceedings amounts to an abuse of process and is impermissible.
Section 138 requires cheques to be presented within six months from the date drawn or within validity; undated cheques delivered on the loan date are reckoned from that date, and presentation after that period invalidates Section 138 relief. Separately, guarantor liability under the Master Facility Agreement and Deed of Guarantee arises only after contractually defined events of default and prescribed pre-conditions (including notice/demand) are complied with. Where the record shows ongoing payments, a subsisting restructured account, and no crystallised default or contractual demand, invoking security cheques or Section 138 proceedings amounts to an abuse of process and is impermissible.
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