Reopening of assessment cannot rest solely on an audit party's opinion; reassessment under Section 147/148 is impermissible and power of revision shou...
Tested party selection: functional analysis identified the least complex unit as the appropriate tested party, altering the transfer pricing adjustmen...
In a PMLA bail application, the dominant issue was whether the statutory "twin conditions" under s.45 could be treated as satisfied despite earlier rejection on merits, due to prolonged incarceration and no likelihood of early commencement or conclusion of trial in the ECIR or the predicate offence. Relying on SC precedent harmonizing constitutional guarantees with statutory restrictions, the court held that long custody and undue trial delay justified treating the applicant as meeting s.45 at this stage, and that the non-reoffending limb could be secured through stringent bail conditions; it also avoided any merits assessment to prevent prejudice. Bail was granted subject to conditions - HC
In a PMLA bail application, the dominant issue was whether the statutory "twin conditions" under s.45 could be treated as satisfied despite earlier rejection on merits, due to prolonged incarceration and no likelihood of early commencement or conclusion of trial in the ECIR or the predicate offence. Relying on SC precedent harmonizing constitutional guarantees with statutory restrictions, the court held that long custody and undue trial delay justified treating the applicant as meeting s.45 at this stage, and that the non-reoffending limb could be secured through stringent bail conditions; it also avoided any merits assessment to prevent prejudice. Bail was granted subject to conditions - HC
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