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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relevancy of facts forming part of the same transaction, compliance with Section 42 of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act), 1985, and the application of Section 67 of the NDPS Act. The court held that the search conducted at the residence did not fulfill the requirements of the test laid down for "acts forming part of the same transaction" due to the time gap and lack of continuity. Regarding Section 42, the court emphasized the obligation to record information received or grounds of belief before a search or raid, and non-compliance with this provision can lead to acquittal. Section 67 is at an antecedent stage to the investigation and is not a confessional statement admissible in trial against the accused. Ultimately, the appeals were allowed, setting aside the convictions and acquitting the appellants due to non-compliance with statutory safeguards and granting the benefit of doubt.
relevancy of facts forming part of the same transaction, compliance with Section 42 of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act), 1985, and the application of Section 67 of the NDPS Act. The court held that the search conducted at the residence did not fulfill the requirements of the test laid down for "acts forming part of the same transaction" due to the time gap and lack of continuity. Regarding Section 42, the court emphasized the obligation to record information received or grounds of belief before a search or raid, and non-compliance with this provision can lead to acquittal. Section 67 is at an antecedent stage to the investigation and is not a confessional statement admissible in trial against the accused. Ultimately, the appeals were allowed, setting aside the convictions and acquitting the appellants due to non-compliance with statutory safeguards and granting the benefit of doubt.
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