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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Territorial jurisdiction defects under the Negotiable Instruments framework are curable and do not vitiate prosecution where a magistrate has taken cognizance in good faith; such irregularity falls within curable procedural defects and requires demonstration of failure of justice before quashing. Where an accused is the drawer and signatory of a dishonoured cheque, criminal liability is direct and personal regardless of non-impleadment of a partnership; internal firm arrangements do not negate statutory responsibility. A demand notice sent to the loan-document address attracts presumptions of service and a cheque issued as security, if presented for an enforceable liability and dishonoured, engages the dishonour provision at prima facie stage.
Territorial jurisdiction defects under the Negotiable Instruments framework are curable and do not vitiate prosecution where a magistrate has taken cognizance in good faith; such irregularity falls within curable procedural defects and requires demonstration of failure of justice before quashing. Where an accused is the drawer and signatory of a dishonoured cheque, criminal liability is direct and personal regardless of non-impleadment of a partnership; internal firm arrangements do not negate statutory responsibility. A demand notice sent to the loan-document address attracts presumptions of service and a cheque issued as security, if presented for an enforceable liability and dishonoured, engages the dishonour provision at prima facie stage.
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