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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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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