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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Recusal cannot be claimed on conjecture, selective inference, or a litigant's subjective unease; the governing test is whether a fair-minded and informed observer would find a genuine, reasonable apprehension of bias. Prima facie observations in an interim order, service on prior counsel, protective stays, expedited hearing of an MP/MLA matter, prior prima facie judgments in connected PMLA proceedings, alleged contrary findings in other forums, a political statement, judicial participation in legal events, and relatives' professional engagements were each found insufficient to show a proximate nexus with the lis. The Court rejected the applications, held that no legal basis for recusal was made out, and directed that the main petition be heard on merits uninfluenced by the allegations.
Recusal cannot be claimed on conjecture, selective inference, or a litigant's subjective unease; the governing test is whether a fair-minded and informed observer would find a genuine, reasonable apprehension of bias. Prima facie observations in an interim order, service on prior counsel, protective stays, expedited hearing of an MP/MLA matter, prior prima facie judgments in connected PMLA proceedings, alleged contrary findings in other forums, a political statement, judicial participation in legal events, and relatives' professional engagements were each found insufficient to show a proximate nexus with the lis. The Court rejected the applications, held that no legal basis for recusal was made out, and directed that the main petition be heard on merits uninfluenced by the allegations.
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