Development agreements require legal possession or effective enjoyment for capital gains transfer; permissive possession and deferred consideration de...
Prolonged sterilisation of development rights supports capital-gains treatment, while business-income disallowances cannot govern capital-gains comput...
Additional evidence in transfer pricing dispute leads to fresh examination, while tax deductions, TDS credit, fee and refund interest require verifica...
Category II AIF pass-through taxation preserves non-business income character; investment receipts cannot be reclassified without applying recognised ...
Mutual fund maturity rules require proper rollover, redemption, disclosure, and due diligence; investor gains cannot excuse regulatory breaches or pen...
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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