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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Section 197(1) of the Code of Criminal Procedure (CrPC) requires prior sanction for prosecuting public servants under the Prevention of Money Laundering Act (PMLA). The allegations against the respondents involve acts committed while discharging official duties, satisfying the conditions for Section 197(1)'s applicability. The PMLA's Section 65 makes CrPC provisions applicable unless inconsistent with the PMLA. Section 71 cannot override CrPC provisions applied through Section 65. Cognizance against the respondents under PMLA without prior sanction u/s 197(1) CrPC is incorrect. The Supreme Court upheld the High Court's view, dismissing the appeal while allowing proceedings against other accused.
Section 197(1) of the Code of Criminal Procedure (CrPC) requires prior sanction for prosecuting public servants under the Prevention of Money Laundering Act (PMLA). The allegations against the respondents involve acts committed while discharging official duties, satisfying the conditions for Section 197(1)'s applicability. The PMLA's Section 65 makes CrPC provisions applicable unless inconsistent with the PMLA. Section 71 cannot override CrPC provisions applied through Section 65. Cognizance against the respondents under PMLA without prior sanction u/s 197(1) CrPC is incorrect. The Supreme Court upheld the High Court's view, dismissing the appeal while allowing proceedings against other accused.
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