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Foreign AE Can Be Accepted As Tested Party: Mumbai ITAT Deletes ALP Adjustment Qua Export Of Formulations
9 months, 3 weeks ago

Foreign AE Can Be Accepted As Tested Party: Mumbai ITAT Deletes ALP Adjustment Qua Export Of Formulations

Live Law  

While deciding on ALP adjustments qua export of goods to AEs and guarantee commission in case of a pharma company, engaged in manufacturing and marketing of formulations in India, the Mumbai ITAT accepted foreign AE as tested party. The Bench comprising B.R Baskaran and Rahul Chaudhary observed that “so far the assessee herein is concerned and qua the transfer pricing …

Export Bench Itat Assessee Aes Tested Party Foreign Ae
"Safe Harbour" Protection Available To Intermediaries Qua Criminal Prosecution Unless 'Active Role' Is Disclosed In Commission Of Offence: Delhi HC
2 years, 4 months ago

"Safe Harbour" Protection Available To Intermediaries Qua Criminal Prosecution Unless 'Active Role' Is Disclosed In Commission Of Offence: Delhi HC

Live Law  

The Delhi High Court has observed that unless an active role is disclosed in the commission of the offences as complained of, an intermediary would be entitled to claim protection under Section 79 of the Information Technology Act, 2000. Justice Asha Menon observed, "When the intermediaries have been granted the ―safe harbour qua civil liability, and when a higher standard …

Court Criminal Liability Fir Sec Act Intermediary
S.409 IPC| Prosecution Must Prove Accused Committed Criminal Breach Of Trust Qua Property Entrusted In "Capacity Of Public Servant": Himachal Pradesh HC
2 years, 10 months ago

S.409 IPC| Prosecution Must Prove Accused Committed Criminal Breach Of Trust Qua Property Entrusted In "Capacity Of Public Servant": Himachal Pradesh HC

Live Law  

"With a view to constitute an offence under S. 409 IPC, prosecution is required to prove that the accused was entrusted with property in the capacity of a public servant and he committed criminal breach of trust qua that property," the Himachal Pradesh High Court has held. The remarks were made by Justice Sandeep Sharma while adjudicating upon an appeal …

Trust Counsel Evidence Property Court Prosecution Public Servant
Specific Role Of Accused Not Required To Be Stated In Order Granting Prior Approval U/s 24(1)(a) KCOCA : Supreme Court
3 years, 2 months ago

Specific Role Of Accused Not Required To Be Stated In Order Granting Prior Approval U/s 24(1)(a) KCOCA : Supreme Court

Live Law  

The Supreme Court observed that the specific role of the accused is not required to be stated in the order granting prior approval under Section 24 against accused Mohan Nayak in the Gauri Lankesh murder case. Resultantly, what needed to be enquired into by the appropriate authority is: whether the factum of commission of offence of organized crime by an …

Crime Karnataka Supreme Court Court Organized Crime Act Approval
Data Privacy Safeguards Are Sine Qua Non For Protecting Privacy Of Citizens Particularly When An App Is Required To Be installed At The Instance Of State: Meghalaya HC
3 years, 11 months ago

Data Privacy Safeguards Are Sine Qua Non For Protecting Privacy Of Citizens Particularly When An App Is Required To Be installed At The Instance Of State: Meghalaya HC

Live Law  

The Meghalaya High Court has held that data privacy safeguards are sine qua non for the purpose of protecting the privacy of citizens, particularly when an app is required to be installed by a citizen at the instance of the State. In its judgment, the Court observed, "Undoubtedly, data privacy safeguards are sine qua non for the purpose of protecting …

Privacy Court Data Meghalaya Data Privacy Apps App