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 jurisdiction under Section 482 Cr.P.C., declined to quash the FIR and criminal proceedings arising from alleged wrongful availment and utilisation of ITC through bogus invoices, attracting offences under Section 132 of the CGST Act, Section 11 of the CST Act, and Sections 420, 467, 468 and 471 IPC. The Court noted that investigation is complete, a final report under Section 173 Cr.P.C. has been filed, cognizance has been taken, charges have been framed, and the matter is fixed for prosecution evidence. As the accused did not challenge the order framing charge, it has attained finality. Holding that the scope of interference at this stage is extremely limited and no exceptional ground is made out, the petition was dismissed.
HC, exercising jurisdiction under Section 482 Cr.P.C., declined to quash the FIR and criminal proceedings arising from alleged wrongful availment and utilisation of ITC through bogus invoices, attracting offences under Section 132 of the CGST Act, Section 11 of the CST Act, and Sections 420, 467, 468 and 471 IPC. The Court noted that investigation is complete, a final report under Section 173 Cr.P.C. has been filed, cognizance has been taken, charges have been framed, and the matter is fixed for prosecution evidence. As the accused did not challenge the order framing charge, it has attained finality. Holding that the scope of interference at this stage is extremely limited and no exceptional ground is made out, the petition was dismissed.
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