Penalty for estimation of income and disallowances for tax non-deduction clarified: estimation-based penalties not sustainable; additions without conc...
Managerial remuneration disallowance under s.40A(2)(b) challenged over alleged tax-avoidance; appellate decision restored deletion of addition for dir...
Classification of imported goods as electronic cigarette versus tobacco product reversed for lack of proof; order set aside for jurisdictional overrea...
Entitlement to bail under PMLA was assessed against the statutory twin conditions in Section 45 and the constitutional right to speedy trial; the court applied the principle that bail is the rule and jail the exception and held that twin conditions do not permit indefinite pre-trial incarceration, especially where investigation is complete, evidence is largely documentary, trial has not commenced and no realistic prospect of early conclusion exists. The court found alleged non-cooperation was not established and cannot alone justify denial of bail, and therefore granted bail subject to sureties and conditions to secure attendance and prevent witness tampering; no view on merits was expressed.
Entitlement to bail under PMLA was assessed against the statutory twin conditions in Section 45 and the constitutional right to speedy trial; the court applied the principle that bail is the rule and jail the exception and held that twin conditions do not permit indefinite pre-trial incarceration, especially where investigation is complete, evidence is largely documentary, trial has not commenced and no realistic prospect of early conclusion exists. The court found alleged non-cooperation was not established and cannot alone justify denial of bail, and therefore granted bail subject to sureties and conditions to secure attendance and prevent witness tampering; no view on merits was expressed.
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