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External development charges trigger TDS under section 194C, while disputed administrative payments require factual verification and fresh adjudicatio...
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Section 80JJAA employee-cost deduction allowed for deployed staff but barred against transfer-pricing income enhancement, with pricing issues remanded...
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Negative liens over operating assets can constitute international transactions requiring arm's-length pricing reflecting restricted borrowing and expa...
Cross-examination rights in Customs Broker revocation inquiries require witness examination; procedural denial may be cured through fresh adjudication...
Disclosure obligations in SEBI-initiated prosecution and allied proceedings were examined in light of the right to a fair trial under Article 21 and the duty of fairness/natural justice. It was held that disclosure is not confined to documents formally relied upon, but extends to material necessary or desirable for the accused/noticee to prepare an effective defence and to contest even the existence of a prima facie case. The Investigation Report prepared under the relevant regulations was held to be the basis for forming the regulator's opinion and initiating further action, and therefore cannot be withheld as a mere internal document, subject only to redaction of third-party or confidential market information. The Investigation Report was directed to be furnished, and the petition was allowed. - HC
Disclosure obligations in SEBI-initiated prosecution and allied proceedings were examined in light of the right to a fair trial under Article 21 and the duty of fairness/natural justice. It was held that disclosure is not confined to documents formally relied upon, but extends to material necessary or desirable for the accused/noticee to prepare an effective defence and to contest even the existence of a prima facie case. The Investigation Report prepared under the relevant regulations was held to be the basis for forming the regulator's opinion and initiating further action, and therefore cannot be withheld as a mere internal document, subject only to redaction of third-party or confidential market information. The Investigation Report was directed to be furnished, and the petition was allowed. - HC
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