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 ruled that FEMA's enactment does not provide immunity from IPC prosecution for underlying actions involving foreign exchange transactions. The ED's search and subsequent FIR registration was valid. While the ED's arrest was legally compliant, the Delhi Police's arrest was deemed invalid due to insufficient specific grounds. The court quashed the Delhi Police arrest, directing the petitioners' release on personal bonds of Rs. 5 lacs each, with two sureties, subject to trial court satisfaction. The core legal principle established is that civil regulatory infractions under FEMA do not automatically shield parties from criminal prosecution under IPC for preparatory or related criminal acts.
HC ruled that FEMA's enactment does not provide immunity from IPC prosecution for underlying actions involving foreign exchange transactions. The ED's search and subsequent FIR registration was valid. While the ED's arrest was legally compliant, the Delhi Police's arrest was deemed invalid due to insufficient specific grounds. The court quashed the Delhi Police arrest, directing the petitioners' release on personal bonds of Rs. 5 lacs each, with two sureties, subject to trial court satisfaction. The core legal principle established is that civil regulatory infractions under FEMA do not automatically shield parties from criminal prosecution under IPC for preparatory or related criminal acts.
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