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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A former director could not be prosecuted for alleged offences under the Companies Act, 2013 where the complaint contained only bare, generalized accusations and no specific averment linking him to the alleged fraudulent acts or false statements. The Court noted that he had resigned before the company began business operations, had not been charge-sheeted by either investigating agency on the same facts, and was named only as a former director. Mere prior association with the company was held insufficient to sustain criminal proceedings, so the special case was quashed. As the look out circular was founded on those proceedings and he was not shown as an accused in the charge-sheet, the circular also lacked basis and was quashed.
A former director could not be prosecuted for alleged offences under the Companies Act, 2013 where the complaint contained only bare, generalized accusations and no specific averment linking him to the alleged fraudulent acts or false statements. The Court noted that he had resigned before the company began business operations, had not been charge-sheeted by either investigating agency on the same facts, and was named only as a former director. Mere prior association with the company was held insufficient to sustain criminal proceedings, so the special case was quashed. As the look out circular was founded on those proceedings and he was not shown as an accused in the charge-sheet, the circular also lacked basis and was quashed.
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