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...
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The HC declined to initiate contempt proceedings, holding that although the Respondent breached the court-recorded undertaking pursuant to the settlement, the shortfall (approximately Rs.70-75 lakh of Rs.5.45 crore) principally stems from financial incapacity rather than wilful and contumacious disobedience; consequently, the threshold for criminal standard contempt under Section 2(b) of the Contempt of Courts Act, 1971, is not met. The Respondent is granted until 31.12.2025 to pay the outstanding principal with 12% interest as per the undertaking; failure to comply will entitle the Complainants to pursue execution of the undertaking. Petition disposed.
The HC declined to initiate contempt proceedings, holding that although the Respondent breached the court-recorded undertaking pursuant to the settlement, the shortfall (approximately Rs.70-75 lakh of Rs.5.45 crore) principally stems from financial incapacity rather than wilful and contumacious disobedience; consequently, the threshold for criminal standard contempt under Section 2(b) of the Contempt of Courts Act, 1971, is not met. The Respondent is granted until 31.12.2025 to pay the outstanding principal with 12% interest as per the undertaking; failure to comply will entitle the Complainants to pursue execution of the undertaking. Petition disposed.
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