Capital-gains exemption for charitable trusts extends to qualifying fixed deposits, while unrecoverable TDS write-offs may constitute income applicati...
India-UK treaty characterisation of telecom-service receipts as business profits withstands unilateral domestic-law amendments for Indian tax purposes...
Transfer-pricing reimbursement adjustments require uncontrolled comparables and cannot become expense-genuineness reviews, resulting in deletion of th...
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SC held that the criminal prosecution against the appellant is unsustainable on multiple legal grounds. The proceedings were barred by res judicata as the underlying issues were conclusively determined in prior Negotiable Instruments Act proceedings. The court emphasized that Tyagi cannot maintain a prosecution based on allegations previously used as his own defense. Furthermore, the prosecution without arraigning the company was deemed impermissible, violating established principles of vicarious liability. The court reaffirmed that managerial position alone cannot justify criminal prosecution without specific allegations of direct involvement. Consequently, the SC allowed the appeal and quashed the criminal proceedings under Section 420 IPC, setting aside the summoning order for lack of judicial application of mind.
SC held that the criminal prosecution against the appellant is unsustainable on multiple legal grounds. The proceedings were barred by res judicata as the underlying issues were conclusively determined in prior Negotiable Instruments Act proceedings. The court emphasized that Tyagi cannot maintain a prosecution based on allegations previously used as his own defense. Furthermore, the prosecution without arraigning the company was deemed impermissible, violating established principles of vicarious liability. The court reaffirmed that managerial position alone cannot justify criminal prosecution without specific allegations of direct involvement. Consequently, the SC allowed the appeal and quashed the criminal proceedings under Section 420 IPC, setting aside the summoning order for lack of judicial application of mind.
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