Dispute Resolution Panel objections must reach both prescribed forums; otherwise assessment may proceed and statutory appeal remains the proper remedy...
Political contribution deductions require recipient party compliance with contribution-reporting conditions; banking-channel donations alone do not qu...
Aggregation under TNMM prevents selective testing of intra-group services without comparable uncontrolled transactions, while appellate additional cla...
Protective assessment cannot duplicate identical receipts under competing characterisations; remote services did not establish a taxable permanent est...
Section 2(c)(viii) read with Section 2(b) of the Prevention of...
Public servant status under anti-corruption law extends to recognised stock exchange leadership; constitutional and sanction challenges do not succeed preliminarily
Contents
Summary
Note
Bookmark
Share
✓ Copied successfully !
Print
Print Options
For full text, please login
Login to TaxTMI
Verification Pending
The Email Id has not been verified. Click on the link we have sent on
Section 2(c)(viii) read with Section 2(b) of the Prevention of Corruption Act, 1988 is described as constitutionally valid because it contains ascertainable requirements: a person must hold an office and, by virtue of it, be authorised or required to perform a public duty. The statutory concept of public servant is to be construed purposively and broadly to address corruption beyond government departments. A recognised stock exchange operates within a statutory framework serving investor protection and public interest, and its Managing Director and CEO may therefore fall within the definition. Whether the individual performed relevant public functions remains a mixed question of fact and law. A sanction caveat leaving the legal issue open did not invalidate the sanction, and quashing was considered inappropriate before trial.
Section 2(c)(viii) read with Section 2(b) of the Prevention of Corruption Act, 1988 is described as constitutionally valid because it contains ascertainable requirements: a person must hold an office and, by virtue of it, be authorised or required to perform a public duty. The statutory concept of public servant is to be construed purposively and broadly to address corruption beyond government departments. A recognised stock exchange operates within a statutory framework serving investor protection and public interest, and its Managing Director and CEO may therefore fall within the definition. Whether the individual performed relevant public functions remains a mixed question of fact and law. A sanction caveat leaving the legal issue open did not invalidate the sanction, and quashing was considered inappropriate before trial.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4788
Join Channel
TaxTMI 
