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    Internal comparable pricing for captive power transfers prevails where same-unit market purchases provide the most reliable arm's-length benchmark.
    Head office expenditure limits require factual scrutiny, while branch-to-branch interest remains outside Indian withholding tax provisions.
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      Locus standi of the appellant to prefer the appeal, the...

      Supreme Court Upholds Appellant's Standing, Sets Aside High Court Order, Calls for Further Investigation into Alleged Forgery.

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      Indian LawsNovember 25, 2024Case LawsSC
      Locus standi of the appellant to prefer the appeal, the applicability of Section 195(1)(b) CrPC, and the correctness of the High Court's order for de novo proceedings against the appellant. The Supreme Court held that the appellant has locus standi as the case involves serious allegations of interference with judicial processes. It ruled that the proceedings were not hit by the bar u/s 195(1)(b) CrPC as the initiation arose from a court order and not a private complaint. Regarding de novo proceedings, the Court stated that the High Court erred in quashing the criminal proceedings and ordering a fresh trial, as the alleged forgery of evidence leading to acquittal warranted further investigation. Consequently, the impugned order was set aside, and the appeal was allowed.

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      ActsIncome Tax