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...
Functional comparability governs software-service benchmarking: dissimilar companies are excluded, while related-party filters, margins and working-ca...
The Enforcement Directorate is not an investigating agency in the strict sense. Its mandate under the 2002 Act is to ensure that no person benefits from the proceeds of crime derived from the commission of a scheduled offence and to confiscate such property to the State. In this case, there cannot be any direction to consider the petitioner's request to register a case and arrest certain individuals, as it is not the Enforcement Directorate's mandate. The Enforcement Directorate has already registered an ECIR and is inquiring into the matter. The petitioner's prayer for the State Government to take action u/s 6 of the NIA Act 2008 is misconceived, as the process starts with the registration of an FIR u/s 154 Cr.P.C for an offence listed in the Schedule to the NIA Act, 2008. The final report does not indicate the commission of any such offence. Consequently, the Writ Petition is liable to be dismissed.
The Enforcement Directorate is not an investigating agency in the strict sense. Its mandate under the 2002 Act is to ensure that no person benefits from the proceeds of crime derived from the commission of a scheduled offence and to confiscate such property to the State. In this case, there cannot be any direction to consider the petitioner's request to register a case and arrest certain individuals, as it is not the Enforcement Directorate's mandate. The Enforcement Directorate has already registered an ECIR and is inquiring into the matter. The petitioner's prayer for the State Government to take action u/s 6 of the NIA Act 2008 is misconceived, as the process starts with the registration of an FIR u/s 154 Cr.P.C for an offence listed in the Schedule to the NIA Act, 2008. The final report does not indicate the commission of any such offence. Consequently, the Writ Petition is liable to be dismissed.
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