Service permanent establishment requires non-auxiliary services, while arm's-length distributor remuneration precludes further profit attribution in I...
Make-available condition excludes standard SaaS subscription receipts where customers receive no independently usable technical knowledge after subscr...
Anonymous donation classification fails where charitable trusts maintain undisputed donor identity records and evidence corpus contributions' intended...
Transfer pricing method selection favours TNMM where medical-equipment distribution involves substantial post-import value addition and operational ri...
Post-export shipping bill conversion remains available where contemporaneous evidence supports EPCG benefits despite curable procedural omissions and ...
Further investigation under Section 173(8) CrPC required prior Magistrate approval as read in by precedent, and the third round of investigation and the resulting chargesheet were unsustainable because no such permission was shown. The Court also found that the real dispute concerned a business arrangement and profit-sharing, making the matter essentially civil; the forgery allegation appeared suspect in the overall sequence of events. In these circumstances, continuation of the prosecution amounted to abuse of process, and the FIR and all subsequent proceedings were quashed.
Further investigation under Section 173(8) CrPC required prior Magistrate approval as read in by precedent, and the third round of investigation and the resulting chargesheet were unsustainable because no such permission was shown. The Court also found that the real dispute concerned a business arrangement and profit-sharing, making the matter essentially civil; the forgery allegation appeared suspect in the overall sequence of events. In these circumstances, continuation of the prosecution amounted to abuse of process, and the FIR and all subsequent proceedings were quashed.
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