Transfer-pricing treatment of ITeS margins excludes pass-through tax recoveries and separate delayed-receivables interest after working-capital adjust...
Capacity-utilisation adjustments under TNMM can neutralise substantiated COVID-related idle costs where underutilisation materially affects profitabil...
TNMM functional comparability requires excluding rice manufacturers from a pure Basmati rice trader's benchmark and recognising operating export recei...
Working-capital adjustment subsumes delayed-receivable effects in TNMM benchmarking of captive software-development services, avoiding separate notion...
Transfer-pricing comparability requires exclusion of financially illogical super-profit comparables and correction of unsupported annual-report and ma...
Charitable character assessment preserves Section 80G approval despite inclusive spiritual teachings and incidental religious expenditure within the s...
Penalty proceedings for cash-loan acceptance require assessment proceedings and recorded Assessing Officer satisfaction; absent these, the proceedings...
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Prior attachment under PMLA had to be disclosed by parties appearing in response to the PBPT notice, and withholding that fact prevented them from later attacking the benami proceedings on the ground that there was no apprehension of alienation. The Tribunal held that, had the earlier attachment been disclosed, the Initiating Officer could have revoked the provisional attachment under section 24(3) and proceeded under the alternative attachment route in section 24(4)(b)(i). Because there was no material that the officer knew of the prior PMLA attachment, the challenge failed and the confirmed attachment under the PBPT Act was upheld; Maple Destination was distinguished as factually and statutorily different.
Prior attachment under PMLA had to be disclosed by parties appearing in response to the PBPT notice, and withholding that fact prevented them from later attacking the benami proceedings on the ground that there was no apprehension of alienation. The Tribunal held that, had the earlier attachment been disclosed, the Initiating Officer could have revoked the provisional attachment under section 24(3) and proceeded under the alternative attachment route in section 24(4)(b)(i). Because there was no material that the officer knew of the prior PMLA attachment, the challenge failed and the confirmed attachment under the PBPT Act was upheld; Maple Destination was distinguished as factually and statutorily different.
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