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 held that the Single Judge's directions subjecting the SFIO's investigative report to prior judicial scrutiny, and reserving to the Court the prerogative to direct prosecution, were contrary to the statutory scheme and amounted to an impermissible arrogation of powers vested in the designated authority. The HC emphasized that once an investigation under the statute is initiated, its course and consequent actions must proceed strictly as mandated by law and cannot be interdicted or re-routed by judicial orders. Finding that the impugned order dated 23.04.2024 travelled beyond the scope of the governing Act, the HC set aside that order in entirety and disposed of the appeal.
The HC held that the Single Judge's directions subjecting the SFIO's investigative report to prior judicial scrutiny, and reserving to the Court the prerogative to direct prosecution, were contrary to the statutory scheme and amounted to an impermissible arrogation of powers vested in the designated authority. The HC emphasized that once an investigation under the statute is initiated, its course and consequent actions must proceed strictly as mandated by law and cannot be interdicted or re-routed by judicial orders. Finding that the impugned order dated 23.04.2024 travelled beyond the scope of the governing Act, the HC set aside that order in entirety and disposed of the appeal.
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