Building-plan sanction charges require statutory authority; unauthorised fees and GST were quashed, while labour cess must follow prescribed collectio...
Pure-agent exclusion fails where hotel booking facilitators receive third-party services themselves, making entire customer consideration taxable as r...
Transfer pricing requires evidence for AMP transactions, functionally reliable comparables, and appropriate aggregation or Berry Ratio benchmarking me...
Revisionary jurisdiction cannot reopen share capital assessments where adequate inquiry supports a permissible view and no independent error is establ...
Reassessment jurisdiction fails where unverified portal information is aggregated without examining the taxpayer's explanation or relevance of entries...
Statutory sanction for delayed reassessment requires approval from the prescribed authority; approval by an inferior authority invalidates jurisdictio...
Transfer pricing margin adjustments require matching treatment of non-operating income and related costs, with comparability issues reconsidered on ev...
Preliminary-expense amortisation and MAT exempt-income adjustments prevailed, while trademark costs and managerial remuneration require fresh verifica...
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A former director could not be prosecuted for alleged offences under the Companies Act, 2013 where the complaint contained only bare, generalized accusations and no specific averment linking him to the alleged fraudulent acts or false statements. The Court noted that he had resigned before the company began business operations, had not been charge-sheeted by either investigating agency on the same facts, and was named only as a former director. Mere prior association with the company was held insufficient to sustain criminal proceedings, so the special case was quashed. As the look out circular was founded on those proceedings and he was not shown as an accused in the charge-sheet, the circular also lacked basis and was quashed.
A former director could not be prosecuted for alleged offences under the Companies Act, 2013 where the complaint contained only bare, generalized accusations and no specific averment linking him to the alleged fraudulent acts or false statements. The Court noted that he had resigned before the company began business operations, had not been charge-sheeted by either investigating agency on the same facts, and was named only as a former director. Mere prior association with the company was held insufficient to sustain criminal proceedings, so the special case was quashed. As the look out circular was founded on those proceedings and he was not shown as an accused in the charge-sheet, the circular also lacked basis and was quashed.
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