Embezzlement losses in charitable institutions remain allowable when misappropriation is established, irrecoverable, and not a specified-person benefi...
National long-distance undertaking status supports deduction where separately licensed infrastructure, resources, revenue, and expenditure establish c...
Agency reimbursement income follows contractual deposit-liability computation, while pending deposit collections do not constitute deemed-dividend loa...
Membership-consent thresholds for oppression petitions are satisfied by unchallenged voter-list consents, while unsupported forgery claims require pro...
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Judicial review of the quantum of a FERA penalty permits interference on proportionality grounds only where the sanction is grossly excessive, unduly harsh, or so disproportionate that it shocks the court's conscience. A Tribunal cannot reduce a penalty without demonstrating and giving reasons that this high threshold is met; its reduction was therefore unsustainable. FERA penalty adjudication follows proof of breach of a statutory civil obligation, without requiring mens rea. Absence of criminal intent or monetary gain does not legally justify a reduced penalty. The appellate outcome restored the penalty imposed by the Adjudicating Authority after setting aside the Tribunal's reduction.
Judicial review of the quantum of a FERA penalty permits interference on proportionality grounds only where the sanction is grossly excessive, unduly harsh, or so disproportionate that it shocks the court's conscience. A Tribunal cannot reduce a penalty without demonstrating and giving reasons that this high threshold is met; its reduction was therefore unsustainable. FERA penalty adjudication follows proof of breach of a statutory civil obligation, without requiring mens rea. Absence of criminal intent or monetary gain does not legally justify a reduced penalty. The appellate outcome restored the penalty imposed by the Adjudicating Authority after setting aside the Tribunal's reduction.
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