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 dominant issue was whether the complainant in a prosecution instituted on a private complaint could be treated as a "victim" under Section 2(wa) Cr.P.C. so as to maintain an appeal against acquittal under the proviso to Section 372 Cr.P.C. Relying on binding precedent, the Court held that such a complainant qualifies as a victim for this purpose; consequently, the leave-to-appeal application was to be treated as an appeal under Section 372 Cr.P.C. (corresponding Section 413 BNSS, 2023) and assigned to an appropriate appellate court for decision on merits expeditiously. -HC
The dominant issue was whether the complainant in a prosecution instituted on a private complaint could be treated as a "victim" under Section 2(wa) Cr.P.C. so as to maintain an appeal against acquittal under the proviso to Section 372 Cr.P.C. Relying on binding precedent, the Court held that such a complainant qualifies as a victim for this purpose; consequently, the leave-to-appeal application was to be treated as an appeal under Section 372 Cr.P.C. (corresponding Section 413 BNSS, 2023) and assigned to an appropriate appellate court for decision on merits expeditiously. -HC
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