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 held that the High Court erroneously quashed the FIR involving alleged fraudulent business transactions. The Court emphasized that inherent powers under Section 482 CrPC must be exercised sparingly and only in exceptional circumstances. Despite long-standing business relationships between parties, the presence of potential shell companies and significant monetary transactions warranted a thorough investigation. The HC's presumption that criminal proceedings were merely an arm-twisting tactic was deemed inappropriate. The SC found the HC's exercise of jurisdiction unjustified, allowing the appeals and permitting the criminal investigation to proceed, highlighting the importance of examining case-specific facts before quashing criminal proceedings.
SC held that the High Court erroneously quashed the FIR involving alleged fraudulent business transactions. The Court emphasized that inherent powers under Section 482 CrPC must be exercised sparingly and only in exceptional circumstances. Despite long-standing business relationships between parties, the presence of potential shell companies and significant monetary transactions warranted a thorough investigation. The HC's presumption that criminal proceedings were merely an arm-twisting tactic was deemed inappropriate. The SC found the HC's exercise of jurisdiction unjustified, allowing the appeals and permitting the criminal investigation to proceed, highlighting the importance of examining case-specific facts before quashing criminal proceedings.
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