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 statutory "twin conditions" under s.45 PMLA barred bail despite prior rejection on merits. The Court held that prolonged incarceration and an unlikely early conclusion of trial warranted relaxing the s.45 embargo by applying constitutional balancing and the ratio that lengthy custody can justify a prima facie satisfaction that the accused is not guilty and will not commit an offence, with the latter secured through stringent conditions. It also noted that the prosecution evidence/documents were already with the investigating agency and the applicant had not misused interim bail. Bail was granted with conditions. - HC
The dominant issue was whether the statutory "twin conditions" under s.45 PMLA barred bail despite prior rejection on merits. The Court held that prolonged incarceration and an unlikely early conclusion of trial warranted relaxing the s.45 embargo by applying constitutional balancing and the ratio that lengthy custody can justify a prima facie satisfaction that the accused is not guilty and will not commit an offence, with the latter secured through stringent conditions. It also noted that the prosecution evidence/documents were already with the investigating agency and the applicant had not misused interim bail. Bail was granted with conditions. - HC
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