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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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.
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