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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Prolonged pre-trial incarceration can justify bail even under stringent special-statute restrictions when Article 21 concerns are implicated. The Court held that bail under MCOCA and PMLA requires an individualized assessment of custody length, likely trial delay, sentence exposure, delay attribution, and the prima facie role of each accused, rather than treating the statutory embargo as conclusive. Applying that approach, it granted bail to Deepak and Pradeep in the MCOCA case because they had spent nearly five years in custody and their roles were only facilitative. Deepak was also granted bail in the PMLA proceedings, with Section 479 BNSS held applicable and parity with co-accused supporting release.
Prolonged pre-trial incarceration can justify bail even under stringent special-statute restrictions when Article 21 concerns are implicated. The Court held that bail under MCOCA and PMLA requires an individualized assessment of custody length, likely trial delay, sentence exposure, delay attribution, and the prima facie role of each accused, rather than treating the statutory embargo as conclusive. Applying that approach, it granted bail to Deepak and Pradeep in the MCOCA case because they had spent nearly five years in custody and their roles were only facilitative. Deepak was also granted bail in the PMLA proceedings, with Section 479 BNSS held applicable and parity with co-accused supporting release.
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