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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The High Court held that prosecution u/ss 276C, 277, 278B, and 278E for tax evasion was invalid as it violated CBDT guidelines. Prosecution was premature without the penalty confirmed by ITAT, against the instructions. The CBDT policy requires processing for prosecution only after a penalty exceeding Rs. 50,000 is confirmed. As the ITAT set aside the penalty, prosecution was deemed unwarranted. Mens rea is essential for prosecution, and since ITAT deleted the penalty, continuing prosecution was unjust. The Supreme Court precedent establishes that penalty and prosecution go together; when penalty is deleted, prosecution cannot proceed. With no appeal filed against the ITAT order, prosecution was barred by finality. Following a SC ruling, exoneration in departmental proceedings leads to the failure of criminal prosecution. Petitions were allowed.
The High Court held that prosecution u/ss 276C, 277, 278B, and 278E for tax evasion was invalid as it violated CBDT guidelines. Prosecution was premature without the penalty confirmed by ITAT, against the instructions. The CBDT policy requires processing for prosecution only after a penalty exceeding Rs. 50,000 is confirmed. As the ITAT set aside the penalty, prosecution was deemed unwarranted. Mens rea is essential for prosecution, and since ITAT deleted the penalty, continuing prosecution was unjust. The Supreme Court precedent establishes that penalty and prosecution go together; when penalty is deleted, prosecution cannot proceed. With no appeal filed against the ITAT order, prosecution was barred by finality. Following a SC ruling, exoneration in departmental proceedings leads to the failure of criminal prosecution. Petitions were allowed.
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