Withdrawal of obsolete FEMA circulars streamlines rules on external commercial borrowings, non-resident bond investments, and money transfer sub-agent...
Departmental appeal limitation after call-book recall preserves original filing, while documented correlation supports SAD refund on imported granules...
Income-tax prosecution fails when appellate remand removes its factual foundation; directors require company arraignment for vicarious criminal liabil...
Capital character of assignment consideration prevents taxation as residuary income, while unsupported interest-related expenditure remains non-deduct...
Make-available condition shields regional support-service receipts from Indian taxation where no independent capability or permanent establishment exi...
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Leave to appeal against an acquittal requires the Court to determine whether a prima facie case or arguable points warrant examination. It need not minutely evaluate evidence or conclusively decide whether the acquittal is perverse at that stage. Where the record requires reappreciation, review or reconsideration of evidence, leave should be granted and merits considered in the criminal appeal; the double presumption of innocence does not itself justify refusing leave. For limitation, time spent processing and obtaining a certified copy of the impugned judgment is excluded, and the effective filing period may therefore fall within the prescribed limit without condonation.
Leave to appeal against an acquittal requires the Court to determine whether a prima facie case or arguable points warrant examination. It need not minutely evaluate evidence or conclusively decide whether the acquittal is perverse at that stage. Where the record requires reappreciation, review or reconsideration of evidence, leave should be granted and merits considered in the criminal appeal; the double presumption of innocence does not itself justify refusing leave. For limitation, time spent processing and obtaining a certified copy of the impugned judgment is excluded, and the effective filing period may therefore fall within the prescribed limit without condonation.
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