Functional comparability under TNMM: broadcasters excluded, software distributors included, and no separate interest on receivables after working capi...
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Allegations concerning foreign investment in digital news media, share pricing and use of funds did not disclose cheating, criminal breach of trust or conspiracy. The Court held that online publication was not print media, no relevant cap on foreign investment applied at the time, and share valuation was made through a chartered accountant in line with FEMA fair-value requirements, with the final price reflecting a negotiated economic decision. It found no deception, entrustment or misappropriation, and no material showing an illegal agreement or scheduled offence. As the FIR did not disclose offences under Sections 406, 420 or 120B IPC, it was quashed and the linked ECIR under the PMLA also fell for want of a surviving predicate offence.
Allegations concerning foreign investment in digital news media, share pricing and use of funds did not disclose cheating, criminal breach of trust or conspiracy. The Court held that online publication was not print media, no relevant cap on foreign investment applied at the time, and share valuation was made through a chartered accountant in line with FEMA fair-value requirements, with the final price reflecting a negotiated economic decision. It found no deception, entrustment or misappropriation, and no material showing an illegal agreement or scheduled offence. As the FIR did not disclose offences under Sections 406, 420 or 120B IPC, it was quashed and the linked ECIR under the PMLA also fell for want of a surviving predicate offence.
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