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...
Functional comparability governs software-service benchmarking: dissimilar companies are excluded, while related-party filters, margins and working-ca...
A security cheque was held unenforceable under the Negotiable Instruments Act because the complainant failed to prove a legally enforceable debt or liability on the date of presentation. The Court noted inconsistent versions about how the cheque came into the complainant's possession, non-examination of the intermediary witness, and no crystallised liability arising from contractual disputes at that stage. In an appeal against acquittal, the Court applied the settled rule that interference is justified only when the acquittal is palpably wrong or legally unsustainable. As the trial court's view was a possible and sound one, the strengthened presumption of innocence was not displaced and the acquittal was affirmed.
A security cheque was held unenforceable under the Negotiable Instruments Act because the complainant failed to prove a legally enforceable debt or liability on the date of presentation. The Court noted inconsistent versions about how the cheque came into the complainant's possession, non-examination of the intermediary witness, and no crystallised liability arising from contractual disputes at that stage. In an appeal against acquittal, the Court applied the settled rule that interference is justified only when the acquittal is palpably wrong or legally unsustainable. As the trial court's view was a possible and sound one, the strengthened presumption of innocence was not displaced and the acquittal was affirmed.
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