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...
The HC dismissed the petition, holding that petitioners failed to justify recall of the complainant-witness under Section 311 CrPC after closure of evidence and cannot invoke inherent jurisdiction under Section 528 BNSS/Section 482 CrPC to re-agitate matters already adjudicated in revision. The court found a seven-year delay and repeated non-diligence-fourteen missed opportunities to cross-examine CW-1 after permission under Section 145(2) NI Act-constituted abuse and prejudice to the complainant. Alleged medical incapacity of prior counsel was unproved. Two lower courts had concurrently refused re-opening; no perversity or failure of justice was shown. The petition, deemed a disguised second revision barred by substantive bars, was dismissed.
The HC dismissed the petition, holding that petitioners failed to justify recall of the complainant-witness under Section 311 CrPC after closure of evidence and cannot invoke inherent jurisdiction under Section 528 BNSS/Section 482 CrPC to re-agitate matters already adjudicated in revision. The court found a seven-year delay and repeated non-diligence-fourteen missed opportunities to cross-examine CW-1 after permission under Section 145(2) NI Act-constituted abuse and prejudice to the complainant. Alleged medical incapacity of prior counsel was unproved. Two lower courts had concurrently refused re-opening; no perversity or failure of justice was shown. The petition, deemed a disguised second revision barred by substantive bars, was dismissed.
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