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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SC allowed the appeal and granted regular bail to the appellant accused of money laundering involving alleged use of forged IRCON certificates in PHED tenders. Applying Article 21 guarantees and its earlier interpretation of Section 45 PMLA, SC held that prolonged pre-trial incarceration cannot be justified where trial is document-heavy and unlikely to commence or conclude expeditiously. The appellant has been in custody for over seven months, the evidence is entirely documentary with numerous witnesses and voluminous records, and proceedings remain at the stage of supply of documents under Section 207 CrPC. Parity with co-accused already on bail further supported release.
SC allowed the appeal and granted regular bail to the appellant accused of money laundering involving alleged use of forged IRCON certificates in PHED tenders. Applying Article 21 guarantees and its earlier interpretation of Section 45 PMLA, SC held that prolonged pre-trial incarceration cannot be justified where trial is document-heavy and unlikely to commence or conclude expeditiously. The appellant has been in custody for over seven months, the evidence is entirely documentary with numerous witnesses and voluminous records, and proceedings remain at the stage of supply of documents under Section 207 CrPC. Parity with co-accused already on bail further supported release.
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