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 the criminal complaint filed under Section 174 IPC for noncompliance with a summons issued under Section 108 Customs Act, holding that the Customs Act constitutes a special code governing investigations and penalties, thereby excluding general penal provisions like Sections 174/175 IPC. The Court found that Section 117 Customs Act prescribes the appropriate penalty for failure to comply with summons under the Act. The issuance of a non-bailable warrant for a single missed appearance was deemed an abuse of power by the Customs officer, especially since the petitioner had otherwise cooperated with investigations. Consequently, the complaint and all related proceedings were set aside, affirming that enforcement actions must adhere strictly to the procedural framework established under the Customs Act.
The HC quashed the criminal complaint filed under Section 174 IPC for noncompliance with a summons issued under Section 108 Customs Act, holding that the Customs Act constitutes a special code governing investigations and penalties, thereby excluding general penal provisions like Sections 174/175 IPC. The Court found that Section 117 Customs Act prescribes the appropriate penalty for failure to comply with summons under the Act. The issuance of a non-bailable warrant for a single missed appearance was deemed an abuse of power by the Customs officer, especially since the petitioner had otherwise cooperated with investigations. Consequently, the complaint and all related proceedings were set aside, affirming that enforcement actions must adhere strictly to the procedural framework established under the Customs Act.
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