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 High Court allowed the bail application u/s 439 of CrPC read with Section 45 of PMLA. The applicant was accused of fraudulently obtaining import authorization in the name of his benami entities by cheating government authorities with wrongful gain intent. However, the Enforcement Directorate (ED) did not comply with Section 19 of PMLA by not summoning or recording the applicant's statement before arrest. ED's opinion on the applicant's guilt was based on an inadmissible co-accused statement. The court held that non-compliance with Section 19 mandates benefited the arrested person. Since no further custodial interrogation was required, the court granted bail without opining on the merits.
The High Court allowed the bail application u/s 439 of CrPC read with Section 45 of PMLA. The applicant was accused of fraudulently obtaining import authorization in the name of his benami entities by cheating government authorities with wrongful gain intent. However, the Enforcement Directorate (ED) did not comply with Section 19 of PMLA by not summoning or recording the applicant's statement before arrest. ED's opinion on the applicant's guilt was based on an inadmissible co-accused statement. The court held that non-compliance with Section 19 mandates benefited the arrested person. Since no further custodial interrogation was required, the court granted bail without opining on the merits.
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