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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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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