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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SC quashed criminal proceedings initiated by CBI against appellants involving allegations of forgery and cheating. The Court determined the dispute was predominantly civil in nature, with the bank having no grievance and the entire amount already settled. Applying principles from prior precedent, the Court found the criminal case lacked substantive merit, and continuation would cause significant prejudice to the appellants. The timing of settlement prior to chargesheet filing was crucial in the Court's decision. The inherent powers under Section 482 CrPC were invoked to terminate the criminal proceedings, recognizing the overwhelming commercial character of the underlying transaction. The impugned High Court order was set aside, and the appeal was allowed.
SC quashed criminal proceedings initiated by CBI against appellants involving allegations of forgery and cheating. The Court determined the dispute was predominantly civil in nature, with the bank having no grievance and the entire amount already settled. Applying principles from prior precedent, the Court found the criminal case lacked substantive merit, and continuation would cause significant prejudice to the appellants. The timing of settlement prior to chargesheet filing was crucial in the Court's decision. The inherent powers under Section 482 CrPC were invoked to terminate the criminal proceedings, recognizing the overwhelming commercial character of the underlying transaction. The impugned High Court order was set aside, and the appeal was allowed.
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