Charitable registration turns on predominant purpose and genuine activities, while incidental fees and related-party rent require supporting adverse m...
MAT book-profit adjustments exclude disallowances for exempt-income expenditure and demerger expenditure unless expressly listed under the statutory c...
Omitted specified domestic transaction provision invalidates related-party expenditure transfer-pricing references and assessments based on consequent...
Preventive suspension requires an immediate continuing threat and cannot become indefinite without inquiry, fresh evidence, or proportionate safeguard...
Statutory associate-company criteria governed whether the group company required consolidation and related-party disclosures. The Tribunal majority found no prescribed voting threshold, agreement, control, or participation in business decisions; accounting standards could supplement but not override the statutory definition. Consolidation and related-party disclosure contraventions therefore failed. The majority also found the real-estate bulk-sale memoranda and underlying projects genuine, with no proof that common personnel, funding arrangements, accounting differences, or weak finances established a sham scheme, market impact, unlawful gain, or PFUTP violation. Securities-enforcement proceedings were further initiated after inordinate, unexplained delay following completed transactions. The appeals succeeded, penalties were set aside and refundable; the Presiding Officer dissented.
Statutory associate-company criteria governed whether the group company required consolidation and related-party disclosures. The Tribunal majority found no prescribed voting threshold, agreement, control, or participation in business decisions; accounting standards could supplement but not override the statutory definition. Consolidation and related-party disclosure contraventions therefore failed. The majority also found the real-estate bulk-sale memoranda and underlying projects genuine, with no proof that common personnel, funding arrangements, accounting differences, or weak finances established a sham scheme, market impact, unlawful gain, or PFUTP violation. Securities-enforcement proceedings were further initiated after inordinate, unexplained delay following completed transactions. The appeals succeeded, penalties were set aside and refundable; the Presiding Officer dissented.
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