ESOP expenditure allowed as FMV difference; long-term capital gain issue sent back for collector rate determination; deferred income additions disallo...
Appeal allowed; impugned order quashed as regulator failed to prove nexus or manipulative scheme; sale genuine - s.12A(a)-(c), Regs 3(a)-(d),4(1),4(2)...
Appellant's ring-back tone service held OIDAR, taxable domestically for 01.07.2012-31.07.2016; liability confirmed, penalties vacated, remanded for re...
HC, exercising its inherent jurisdiction sparingly to prevent miscarriage of justice, entertained a criminal revision under s.138 NI Act notwithstanding prior dismissal of appeal and affirmed conviction. The Court held that inherent power is available only where no adequate statutory remedy exists or where special circumstances justify intervention, and may be invoked to give effect to the substantive justice embodied in a bona fide compromise. Finding a valid out-of-court Memorandum of Compromise between the parties, the HC disposed of the revision in terms of that compromise, thereby modifying the earlier outcome and concluding proceedings between the anonymized applicant and respondent pursuant to the compromise.
HC, exercising its inherent jurisdiction sparingly to prevent miscarriage of justice, entertained a criminal revision under s.138 NI Act notwithstanding prior dismissal of appeal and affirmed conviction. The Court held that inherent power is available only where no adequate statutory remedy exists or where special circumstances justify intervention, and may be invoked to give effect to the substantive justice embodied in a bona fide compromise. Finding a valid out-of-court Memorandum of Compromise between the parties, the HC disposed of the revision in terms of that compromise, thereby modifying the earlier outcome and concluding proceedings between the anonymized applicant and respondent pursuant to the compromise.
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