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 stamp vendors are public servants under the Prevention of Corruption Act. The Court adopted a purposive interpretation of "public servant" definition, emphasizing the nature of public duty performed. The appellant's status as a government-remunerated stamp vendor facilitating revenue collection qualifies him as a public servant. However, the prosecution failed to establish beyond reasonable doubt the demand and acceptance of illegal gratification. Consequently, the Court set aside the conviction under Sections 7 and 13(1)(d) read with Section 13(2) of the PC Act, finding insufficient evidence to prove bribery. The appeal was allowed, quashing the trial court and high court's previous convictions.
SC held that stamp vendors are public servants under the Prevention of Corruption Act. The Court adopted a purposive interpretation of "public servant" definition, emphasizing the nature of public duty performed. The appellant's status as a government-remunerated stamp vendor facilitating revenue collection qualifies him as a public servant. However, the prosecution failed to establish beyond reasonable doubt the demand and acceptance of illegal gratification. Consequently, the Court set aside the conviction under Sections 7 and 13(1)(d) read with Section 13(2) of the PC Act, finding insufficient evidence to prove bribery. The appeal was allowed, quashing the trial court and high court's previous convictions.
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