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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HC determined that cognizance of offences under Section 174-A IPC requires a mandatory written complaint by the concerned public servant, as per Section 195(1)(a)(i) Cr.P.C. The court held that judicial interpretation cannot assume legislative intent or fill legislative gaps. Following precedential reasoning from prior Supreme Court judgments, the court affirmed that taking cognizance without a written complaint would be procedurally invalid. The petition challenging charges was consequently allowed, setting aside the previous order and reaffirming the strict procedural requirement of a written complaint for initiating proceedings under Section 174-A IPC.
HC determined that cognizance of offences under Section 174-A IPC requires a mandatory written complaint by the concerned public servant, as per Section 195(1)(a)(i) Cr.P.C. The court held that judicial interpretation cannot assume legislative intent or fill legislative gaps. Following precedential reasoning from prior Supreme Court judgments, the court affirmed that taking cognizance without a written complaint would be procedurally invalid. The petition challenging charges was consequently allowed, setting aside the previous order and reaffirming the strict procedural requirement of a written complaint for initiating proceedings under Section 174-A IPC.
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