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 court held that an accused is entitled to a speedy trial, and if the trial gets prolonged, bail cannot be denied solely on the ground of serious charges. The right to life and personal liberty under Article 21 of the Constitution is sacrosanct, and a constitutional court cannot be restrained from granting bail due to restrictive statutory provisions if it finds the accused's rights have been infringed. Even in interpreting stringent penal statutes, a court must lean towards constitutionalism and the rule of law, which includes liberty. In the given case, the appellant was directed to be released on bail, and the impugned order was set aside.
The court held that an accused is entitled to a speedy trial, and if the trial gets prolonged, bail cannot be denied solely on the ground of serious charges. The right to life and personal liberty under Article 21 of the Constitution is sacrosanct, and a constitutional court cannot be restrained from granting bail due to restrictive statutory provisions if it finds the accused's rights have been infringed. Even in interpreting stringent penal statutes, a court must lean towards constitutionalism and the rule of law, which includes liberty. In the given case, the appellant was directed to be released on bail, and the impugned order was set aside.
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