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...
Threshold exemption excludes exempt services, while stamp-paper purchases avoid reverse charge; consequential service tax penalties were also set asid...
Employee conflict disclosures and investment restrictions expand with new recusal duties, post-employment limits, and compliance reporting requirement...
The Supreme Court stated that the availability of revision under Section 397 CrPC does not bar the High Court's inherent jurisdiction under Section 482 CrPC where abuse of process or the ends of justice warrant intervention; a petition may be treated under the appropriate provision rather than rejected on nomenclature. Service of a meaningful opportunity notice under the proviso to Section 61(2) FERA is mandatory before a complaint may be instituted, and cognizance without proof of service is unsustainable. The Court also applied the Article 21 speedy-trial balancing assessment, finding prolonged, unexplained complainant-caused inaction. It set aside the High Court order and quashed the complaints and summoning order.
The Supreme Court stated that the availability of revision under Section 397 CrPC does not bar the High Court's inherent jurisdiction under Section 482 CrPC where abuse of process or the ends of justice warrant intervention; a petition may be treated under the appropriate provision rather than rejected on nomenclature. Service of a meaningful opportunity notice under the proviso to Section 61(2) FERA is mandatory before a complaint may be instituted, and cognizance without proof of service is unsustainable. The Court also applied the Article 21 speedy-trial balancing assessment, finding prolonged, unexplained complainant-caused inaction. It set aside the High Court order and quashed the complaints and summoning order.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4788
Join Channel
TaxTMI 
