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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Criminal proceedings involving allegations of fraudulent activities in an IPO were challenged. The validity hinged on whether a Single Judge or Division Bench should hear the case after SEBI settlement. The Supreme Court held that since a previous Division Bench had rejected the respondent's contentions, the present matter should have been heard by a Division Bench, not a Single Judge. The court refrained from commenting on merits to avoid prejudicing parties. It set aside the Single Judge's order quashing proceedings post-SEBI settlement and remanded the case to the Bombay High Court's Division Bench for an independent decision on quashing, uninfluenced by previous orders. An interim stay on further proceedings was granted for four weeks, with liberty to seek extension/modification from the Division Bench, which must dispose of the matter expeditiously within three months.
Criminal proceedings involving allegations of fraudulent activities in an IPO were challenged. The validity hinged on whether a Single Judge or Division Bench should hear the case after SEBI settlement. The Supreme Court held that since a previous Division Bench had rejected the respondent's contentions, the present matter should have been heard by a Division Bench, not a Single Judge. The court refrained from commenting on merits to avoid prejudicing parties. It set aside the Single Judge's order quashing proceedings post-SEBI settlement and remanded the case to the Bombay High Court's Division Bench for an independent decision on quashing, uninfluenced by previous orders. An interim stay on further proceedings was granted for four weeks, with liberty to seek extension/modification from the Division Bench, which must dispose of the matter expeditiously within three months.
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