Working-capital adjustment determines whether software-services transfer-pricing margins fall within the statutory tolerance range, eliminating any ad...
Permanent establishment deductions upheld for expatriate salaries, direct costs and trading losses, while head-office costs require fresh classificati...
Data transmission equipment classification under CTSH 8517 62 remains distinct from residual classification, with exemption evidence requiring scrutin...
For vicarious liability of a director under Section 141 of the Negotiable Instruments Act, the complaint must specifically aver that the person was in charge of and responsible for the company's conduct of business at the relevant time; mere designation as director, or signing board resolutions alone, is insufficient. On that basis, the summoning order and consequential proceedings against the appellant were quashed. The Court also clarified that a prior revision does not, by itself, bar the High Court's inherent jurisdiction under Section 482 CrPC, which remains available to prevent miscarriage of justice. The High Court's view that Section 482 could not be invoked after revision was held legally erroneous.
For vicarious liability of a director under Section 141 of the Negotiable Instruments Act, the complaint must specifically aver that the person was in charge of and responsible for the company's conduct of business at the relevant time; mere designation as director, or signing board resolutions alone, is insufficient. On that basis, the summoning order and consequential proceedings against the appellant were quashed. The Court also clarified that a prior revision does not, by itself, bar the High Court's inherent jurisdiction under Section 482 CrPC, which remains available to prevent miscarriage of justice. The High Court's view that Section 482 could not be invoked after revision was held legally erroneous.
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