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 petition filed u/ss 4, 10, and 12 of the Fugitive Economic Offenders Act challenges the summoning order and seeks to quash the miscellaneous application. The court examined the scope of jurisdiction exercised by the Special Judge in issuing the summons. The complainant stated the accused owns properties listed in Annexures A to A3, acquired through proceeds of crime exceeding Rs. 100 crores, warranting application of Section 2(1)(f) of the Act. A combined reading of Sections 4 and 10 requires the Special Court to issue notice upon filing an application u/s 4 as per the prescribed Rules. The Fugitive Economic Offenders Act is a special statute, and the argument regarding "duly filed" must be understood per the Rules. The complainant provided detailed information and supporting documents, recording the "reason to believe." The petitioner's arguments were rejected, as the respondent pointed out non-disclosure of the UK address, invoking the court's jurisdiction without clean hands. The petitioner could have appeared before the Special Judge u/s 11 but invoked Section 482 Cr.P.C. jurisdiction instead. The court found it inappropriate to interfere, considering the peculiar facts and circumstances, and the availability of Section 11 proceedings.
The petition filed u/ss 4, 10, and 12 of the Fugitive Economic Offenders Act challenges the summoning order and seeks to quash the miscellaneous application. The court examined the scope of jurisdiction exercised by the Special Judge in issuing the summons. The complainant stated the accused owns properties listed in Annexures A to A3, acquired through proceeds of crime exceeding Rs. 100 crores, warranting application of Section 2(1)(f) of the Act. A combined reading of Sections 4 and 10 requires the Special Court to issue notice upon filing an application u/s 4 as per the prescribed Rules. The Fugitive Economic Offenders Act is a special statute, and the argument regarding "duly filed" must be understood per the Rules. The complainant provided detailed information and supporting documents, recording the "reason to believe." The petitioner's arguments were rejected, as the respondent pointed out non-disclosure of the UK address, invoking the court's jurisdiction without clean hands. The petitioner could have appeared before the Special Judge u/s 11 but invoked Section 482 Cr.P.C. jurisdiction instead. The court found it inappropriate to interfere, considering the peculiar facts and circumstances, and the availability of Section 11 proceedings.
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