Development agreements require legal possession or effective enjoyment for capital gains transfer; permissive possession and deferred consideration de...
Prolonged sterilisation of development rights supports capital-gains treatment, while business-income disallowances cannot govern capital-gains comput...
Additional evidence in transfer pricing dispute leads to fresh examination, while tax deductions, TDS credit, fee and refund interest require verifica...
Category II AIF pass-through taxation preserves non-business income character; investment receipts cannot be reclassified without applying recognised ...
Mutual fund maturity rules require proper rollover, redemption, disclosure, and due diligence; investor gains cannot excuse regulatory breaches or pen...
An ECIR under the PMLA is an internal departmental document with no statutory status, so its quashing is not ordinarily maintainable unless the predicate offence itself is quashed; the challenge here was also premature because the alleged overlap with an earlier ECIR was not established. A subsequent ECIR or parallel investigation is permissible where it concerns a larger conspiracy, additional offences, or different accused, and is not barred as a second FIR. Statements recorded under Section 50 of the PMLA were not invalidated because Article 20(3), Section 164 CrPC safeguards, and Miranda-type protections apply only once a person is an accused or formally arrested. Section 50 summons and Section 66(2) information-sharing were upheld as part of lawful investigation, and a private person can be proceeded against for corruption-linked offences.
An ECIR under the PMLA is an internal departmental document with no statutory status, so its quashing is not ordinarily maintainable unless the predicate offence itself is quashed; the challenge here was also premature because the alleged overlap with an earlier ECIR was not established. A subsequent ECIR or parallel investigation is permissible where it concerns a larger conspiracy, additional offences, or different accused, and is not barred as a second FIR. Statements recorded under Section 50 of the PMLA were not invalidated because Article 20(3), Section 164 CrPC safeguards, and Miranda-type protections apply only once a person is an accused or formally arrested. Section 50 summons and Section 66(2) information-sharing were upheld as part of lawful investigation, and a private person can be proceeded against for corruption-linked offences.
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