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 summary covers the key aspects of the Supreme Court's judgment, including the Court's findings on the following critical issues: The CBI primarily relied on the CAG's Audit Report as the starting point for initiating prosecution against the appellants, which cannot be accepted as decisive without parliamentary approval. The Karnataka High Court's judgment clarifying no criminality can be attributed to KECML based on the same facts is persuasive. The denial of sanctions by sanctioning authorities to prosecute senior KPCL officers involved in the same matter weakens the case against the appellants. The absence of a national policy for disposal of coal rejects and the agreements allowing KECML to dispose them safely without accounting to KPCL negate any criminal intent. KECML's decision to outsource coal washing was driven by compelling circumstances with KPCL's concurrence. The coal rejects lacked useful calorific value as per government laboratory reports. The High Court rightly exercised its inherent powers u/s 482 CrPC to prevent abuse of process. The Supreme Court's extraordinary powers under Article 136 allow it to correct errors, safeguard rights, and dispense justice, warranting interference in this case. The charges framed against the appellants stem from a predominantly civil dispute lacking criminal elements, leading the Court to quash the impugned orders.
The summary covers the key aspects of the Supreme Court's judgment, including the Court's findings on the following critical issues: The CBI primarily relied on the CAG's Audit Report as the starting point for initiating prosecution against the appellants, which cannot be accepted as decisive without parliamentary approval. The Karnataka High Court's judgment clarifying no criminality can be attributed to KECML based on the same facts is persuasive. The denial of sanctions by sanctioning authorities to prosecute senior KPCL officers involved in the same matter weakens the case against the appellants. The absence of a national policy for disposal of coal rejects and the agreements allowing KECML to dispose them safely without accounting to KPCL negate any criminal intent. KECML's decision to outsource coal washing was driven by compelling circumstances with KPCL's concurrence. The coal rejects lacked useful calorific value as per government laboratory reports. The High Court rightly exercised its inherent powers u/s 482 CrPC to prevent abuse of process. The Supreme Court's extraordinary powers under Article 136 allow it to correct errors, safeguard rights, and dispense justice, warranting interference in this case. The charges framed against the appellants stem from a predominantly civil dispute lacking criminal elements, leading the Court to quash the impugned orders.
Note: It is a system-generated summary and is for quick reference only.