Expenditure tied to investments yielding exempt income restricted to attributable costs; broader disallowance disallowed and adjustments to WDV and mi...
Admissibility of Investigative Statements invalidated reliance on coerced emails and valuation redetermination, resulting in set aside of penalties an...
Classification of printed technical documents: specific Chapter 49.01 entry prevails, enabling claimed customs exemptions for imported manuals and rep...
Attachment of Pre Offence Mortgaged Property remains possible under PMLA; secured creditors may pursue statutory claim and seek auction with undertaki...
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In PMLA bail matters, the prosecution must show a prima facie scheduled offence and identify specific proceeds of crime; unaccounted income alone is insufficient. The Court found the alleged Himachal Pradesh scheduled offences had ended in cancellation reports, with no independent material sustaining them, and the complaint did not identify any specific property of the applicant as proceeds of crime from the Uttar Pradesh allegations. It also held that continued custody was unjustified because investigation was complete, trial would take time, and parity with a co-accused favoured release, so Article 21 concerns outweighed the bail restrictions. Bail was granted subject to conditions.
In PMLA bail matters, the prosecution must show a prima facie scheduled offence and identify specific proceeds of crime; unaccounted income alone is insufficient. The Court found the alleged Himachal Pradesh scheduled offences had ended in cancellation reports, with no independent material sustaining them, and the complaint did not identify any specific property of the applicant as proceeds of crime from the Uttar Pradesh allegations. It also held that continued custody was unjustified because investigation was complete, trial would take time, and parity with a co-accused favoured release, so Article 21 concerns outweighed the bail restrictions. Bail was granted subject to conditions.
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