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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Bail was sought in a prosecution alleging fraudulent availment of GST input tax credit through goods-less invoices and fake entities. The court held that denial of bail cannot rest solely on the gravity of the alleged economic offence; pre-trial incarceration must be justified by specific risks such as tampering with evidence, influencing witnesses, or obstructing trial, and must respect the accused's Article 21 right to liberty and speedy trial. The court also noted that arrest under the GST regime must be based on recorded "reasons to believe" supported by material, not mere suspicion. Bail was granted subject to personal and surety bonds and conditions. - HC
Bail was sought in a prosecution alleging fraudulent availment of GST input tax credit through goods-less invoices and fake entities. The court held that denial of bail cannot rest solely on the gravity of the alleged economic offence; pre-trial incarceration must be justified by specific risks such as tampering with evidence, influencing witnesses, or obstructing trial, and must respect the accused's Article 21 right to liberty and speedy trial. The court also noted that arrest under the GST regime must be based on recorded "reasons to believe" supported by material, not mere suspicion. Bail was granted subject to personal and surety bonds and conditions. - HC
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