A loc<\/a>al court has ordered setting aside of the lookout circular (LOC<\/a>) issued against Huawei Telecommunications<\/a> (India) chief executive Li Xiongwei<\/a> by the Income Tax<\/a> (I-T) Department. However, it imposed a condition that in case of his resignation, retirement or cessation of employment, the company shall not release the severance package and other emoluments payable without prior court permission. 法院说“没有地面敞开LOC反对“李,“容易被搁置。”It said Huawei is "not a fly-by-night operator, and considering that it generates considerable revenue from India, it is prudent that a condition be imposed upon payment of salary, bonus, ESOPs and other benefits" to Li by Huawei "so as to exercise some degree of control over him." 一个疯狂的艾尔法院已下令留出了望循环(疯狂的)发布了针对华为电信(印度)的首席执行官李Xiongwei由所得税(它)。然而,它对一个条件,对于辞职,退休或停止工作,公司不得释放遣散费和其他报酬支付未经法庭许可。
In its order, a copy of which was seen by ET, the court said \"there is no ground to keep the LOC open against\" Li and that it \"is liable to be set aside.\" It said Huawei<\/a> is \"not a fly-by-night operator, and considering that it generates considerable revenue from India, it is prudent that a condition be imposed upon payment of salary, bonus, ESOPs and other benefits\" to Li by Huawei<\/a> \"so as to exercise some degree of control over him.\"
Li must submit an undertaking to the I-T Department<\/a> in this regard, following which, the LOC will be revoked within seven days.
Citing the quashing of LOC in the case of journalist Rana Ayyub recently, the court said Li was \"also entitled to equality before law.\" It said Li \"cannot be treated differently solely on grounds of his nationality, and can't be restricted from international travel by issuance of LOC when Indian nationals facing legal proceedings in more serious offences are allowed to travel outside India.\"
Lengthy Legal Proceedings <\/strong>
The order said Li's departure cannot be stated to be detrimental to the sovereignty, security and integrity of India. \"It is also not detrimental to bilateral relations with any other country or to the strategic and\/or economic interest of India. It is highly unlikely that the applicant (Li) will indulge in act of terrorism or offence against Indian state,\" it said. \"Thus, an apprehension that he may leave India and never come back cannot be grounds to keep him in India till the culmination of all legal proceedings.\"
![\"\"](\"\/\/www.iser-br.com\/Themes\/Release\/images\/responsive\/ettelecom-default.jpg\")
The court noted that legal proceedings are likely to take a long time to conclude. It has been six months since the issuance of a letter of request for opening of LOC against Li and the investigation appears to be nowhere near completion, it said.
Flip Side<\/strong>
However, there is a likelihood that Li \"may leave India on the pretext of some business meeting or any personal work and may never come back, but this possibility of absconding is always there whenever any person is admitted to bail in any criminal case,\" the court said.
Observing that Li does not have any movable or immovable assets in India except his bank account, the court said, \"There is little incentive for him to come to India once he leaves the country with an intent to not return.\"
It further said, \"It is also doubtful whether the sureties would be in a position to compel him to come to India should he decide against coming back for facing prosecution in a complaint case or for appearing before the investigating officer.\" In view of the circumstances, the court imposed the condition of withholding Li's cessation package and other benefits if he leaves the firm.
Advocates Vijay Aggarwal and Nagesh Kumar Behl, appearing on behalf of Li, contended that the LOC should not have been opened since it was a non-cognisable offence and bailable. On the other hand, the I-T Department<\/a> had argued that the issue of arm's length price of related party transactions during the course of transfer pricing proceedings was being investigated and it might require re-examination of Li and might also result in filing of subsequent prosecution against the company or its executives. The court ruled that the offence was non-cognisable and bailable.
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骑士为华为印度首席执行官LOC喘息
在它的秩序,一份被等,法院说“没有地面敞开LOC反对“李,“容易被备用。”It said华为“不是一锤子买卖,考虑到它产生可观的收入来自印度,它是谨慎的,条件是强加给支付工资、奖金、esop计划和其他福利”李华为”行使一定程度的控制他。”
援引LOC的撤销记者Rana玛最近的案例中,法庭说李”也有权法律面前人人平等。”It said Li "cannot be treated differently solely on grounds of his nationality, and can't be restricted from international travel by issuance of LOC when Indian nationals facing legal proceedings in more serious offences are allowed to travel outside India."
冗长的法律程序
订单李说的离开不能有损主权说,印度的安全性和完整性。“这也不是损害双边关系与其他任何一个国家或战略和/或印度的经济利益。不大可能,申请人(李)将沉溺于对印度恐怖主义或犯罪行为,”它说。“因此,忧虑,他可能离开印度,永远不能回来的理由让他在印度,直到高潮的法律诉讼。”
法院指出,法律诉讼可能会需要很长时间才能得出结论。已经有六个月的发行一封请求开放LOC对李和调查似乎远远没有完成,它说。
另一面
然而,李有一个可能性,“可能会让印度一些商务会议或任何个人工作的借口,可能永远不会回来,但这逃匿的可能性总是存在任何人承认保释在任何刑事案件中,“法院说。
观察,李没有任何移动或固定资产在印度除了他的银行账户,法院说,“几乎没有激励他去印度意图一旦他离开这个国家,没有回来。”
进一步说,“这也是怀疑保证人是否能够强迫他来印度应该决定不回来面临起诉的投诉或出现在调查前军官。”In view of the circumstances, the court imposed the condition of withholding Li's cessation package and other benefits if he leaves the firm.
提倡Vijay Aggarwal和Nagesh Kumar Behl出现代表李认为,地方不应该被打开,因为它是一个non-cognisable犯罪和可保释的。另一方面,它部门曾认为,公平价格的问题关联方交易转让定价程序被调查的过程中,它也可能需要复审的李和可能导致文件随后起诉的公司或其高管。法院裁定,罪行是non-cognisable和可保释的。
A loc<\/a>al court has ordered setting aside of the lookout circular (LOC<\/a>) issued against Huawei Telecommunications<\/a> (India) chief executive Li Xiongwei<\/a> by the Income Tax<\/a> (I-T) Department. However, it imposed a condition that in case of his resignation, retirement or cessation of employment, the company shall not release the severance package and other emoluments payable without prior court permission.
In its order, a copy of which was seen by ET, the court said \"there is no ground to keep the LOC open against\" Li and that it \"is liable to be set aside.\" It said Huawei<\/a> is \"not a fly-by-night operator, and considering that it generates considerable revenue from India, it is prudent that a condition be imposed upon payment of salary, bonus, ESOPs and other benefits\" to Li by Huawei<\/a> \"so as to exercise some degree of control over him.\"
Li must submit an undertaking to the I-T Department<\/a> in this regard, following which, the LOC will be revoked within seven days.
Citing the quashing of LOC in the case of journalist Rana Ayyub recently, the court said Li was \"also entitled to equality before law.\" It said Li \"cannot be treated differently solely on grounds of his nationality, and can't be restricted from international travel by issuance of LOC when Indian nationals facing legal proceedings in more serious offences are allowed to travel outside India.\"
Lengthy Legal Proceedings <\/strong>
The order said Li's departure cannot be stated to be detrimental to the sovereignty, security and integrity of India. \"It is also not detrimental to bilateral relations with any other country or to the strategic and\/or economic interest of India. It is highly unlikely that the applicant (Li) will indulge in act of terrorism or offence against Indian state,\" it said. \"Thus, an apprehension that he may leave India and never come back cannot be grounds to keep him in India till the culmination of all legal proceedings.\"
The court noted that legal proceedings are likely to take a long time to conclude. It has been six months since the issuance of a letter of request for opening of LOC against Li and the investigation appears to be nowhere near completion, it said.
Flip Side<\/strong>
However, there is a likelihood that Li \"may leave India on the pretext of some business meeting or any personal work and may never come back, but this possibility of absconding is always there whenever any person is admitted to bail in any criminal case,\" the court said.
Observing that Li does not have any movable or immovable assets in India except his bank account, the court said, \"There is little incentive for him to come to India once he leaves the country with an intent to not return.\"
It further said, \"It is also doubtful whether the sureties would be in a position to compel him to come to India should he decide against coming back for facing prosecution in a complaint case or for appearing before the investigating officer.\" In view of the circumstances, the court imposed the condition of withholding Li's cessation package and other benefits if he leaves the firm.
Advocates Vijay Aggarwal and Nagesh Kumar Behl, appearing on behalf of Li, contended that the LOC should not have been opened since it was a non-cognisable offence and bailable. On the other hand, the I-T Department<\/a> had argued that the issue of arm's length price of related party transactions during the course of transfer pricing proceedings was being investigated and it might require re-examination of Li and might also result in filing of subsequent prosecution against the company or its executives. The court ruled that the offence was non-cognisable and bailable.
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