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 allowed the criminal revision, set aside the CJM's order permitting marking of the 2023 adjudication order under ss. 173(5) and 294 CrPC, and held that ss. 173(5) and 173(4) CrPC do not apply to prosecutions founded on private complaints under the Central Excise Act. The court found the original 2006 sanction invalidated because the 2005 adjudication was quashed by CESTAT, and the 2023 adjudication, imposing liability differently, was not placed before the sanctioning authority; thus it cannot be relied upon without a fresh sanction. Consequently, the 2023 order cannot be introduced into the pending prosecution.
The HC allowed the criminal revision, set aside the CJM's order permitting marking of the 2023 adjudication order under ss. 173(5) and 294 CrPC, and held that ss. 173(5) and 173(4) CrPC do not apply to prosecutions founded on private complaints under the Central Excise Act. The court found the original 2006 sanction invalidated because the 2005 adjudication was quashed by CESTAT, and the 2023 adjudication, imposing liability differently, was not placed before the sanctioning authority; thus it cannot be relied upon without a fresh sanction. Consequently, the 2023 order cannot be introduced into the pending prosecution.
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