Charitable trust registration requires a specified-violation notice; settled cash deposits and related-party payments did not justify cancellation or ...
External development charges trigger TDS under section 194C, while disputed administrative payments require factual verification and fresh adjudicatio...
Section 270AA penalty immunity requires identified statutory defaults and a hearing before rejection; reassessment disclosure may constitute under-rep...
Section 80JJAA employee-cost deduction allowed for deployed staff but barred against transfer-pricing income enhancement, with pricing issues remanded...
Transfer-pricing methodology protects commercially genuine associated-enterprise payments, while pre-2016 secondary adjustments and related notional i...
Negative liens over operating assets can constitute international transactions requiring arm's-length pricing reflecting restricted borrowing and expa...
Cross-examination rights in Customs Broker revocation inquiries require witness examination; procedural denial may be cured through fresh adjudication...
The HC quashed a complaint case involving alleged violations under Section 447 of the Companies Act, 2013, ruling that retrospective application of this provision constitutes abuse of process and malicious prosecution. The Court followed its precedent in a similar matter, holding that Section 447 cannot be applied retrospectively to pre-insertion transactions. The petitioner successfully established that prosecuting offenses under this section for conduct occurring before the provision's enactment was manifestly illegal and warranted quashing at the pre-trial stage. The HC allowed the petition, effectively terminating the criminal proceedings against the accused parties based on the fundamental principle against retrospective application of penal provisions.
The HC quashed a complaint case involving alleged violations under Section 447 of the Companies Act, 2013, ruling that retrospective application of this provision constitutes abuse of process and malicious prosecution. The Court followed its precedent in a similar matter, holding that Section 447 cannot be applied retrospectively to pre-insertion transactions. The petitioner successfully established that prosecuting offenses under this section for conduct occurring before the provision's enactment was manifestly illegal and warranted quashing at the pre-trial stage. The HC allowed the petition, effectively terminating the criminal proceedings against the accused parties based on the fundamental principle against retrospective application of penal provisions.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4828 
Join Channel 
