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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A non-bailable warrant under the Fugitive Economic Offenders Act remains a jurisdictional prerequisite where it has been issued to secure the accused's production before the Indian court; foreign arrest and bail do not exhaust the warrant if the person is still abroad and resisting return. The Court also held that the statutory monetary threshold for a scheduled offence must be crossed before proceedings under the Act can be sustained, and that the final assessment order quantifying undisclosed foreign income and assets well above that threshold validated the prima facie material. It further held that prosecution for wilful attempt to evade tax under the Black Money Act can proceed alongside assessment, and upheld the declaration of fugitive economic offender.
A non-bailable warrant under the Fugitive Economic Offenders Act remains a jurisdictional prerequisite where it has been issued to secure the accused's production before the Indian court; foreign arrest and bail do not exhaust the warrant if the person is still abroad and resisting return. The Court also held that the statutory monetary threshold for a scheduled offence must be crossed before proceedings under the Act can be sustained, and that the final assessment order quantifying undisclosed foreign income and assets well above that threshold validated the prima facie material. It further held that prosecution for wilful attempt to evade tax under the Black Money Act can proceed alongside assessment, and upheld the declaration of fugitive economic offender.
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