Pre-existing operational debt disputes require genuine evidence, while undirected running-account payments may be appropriated on a first-in-first-out...
Agency in CNG distribution makes outlet operators commission agents, rendering taxable Business Auxiliary Service rather than purchasing goods for res...
Composite inpatient healthcare supply may retain exemption despite MRP medicine billing, while separate taxable sale characterisation remains disputed...
Working-capital adjustment determines whether software-services transfer-pricing margins fall within the statutory tolerance range, eliminating any ad...
Permanent establishment deductions upheld for expatriate salaries, direct costs and trading losses, while head-office costs require fresh classificati...
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Money-laundering liability under the PMLA concerns processes connected with proceeds of crime, rather than merely commission of the scheduled offence. The notes state that, at discharge stage, the Special Court examines only whether the complaint and accompanying material disclose the statutory ingredients and a prima facie case; it cannot assess the correctness of pending predicate offences. Statutory presumptions and reverse burden provisions regarding interconnected transactions and legitimacy of assets are matters for trial. Challenges based on acquittal, discharge or quashing of the scheduled offence arise only after final judicial determination. On the stated material, refusal of discharge was upheld and the revision petitions were dismissed.
Money-laundering liability under the PMLA concerns processes connected with proceeds of crime, rather than merely commission of the scheduled offence. The notes state that, at discharge stage, the Special Court examines only whether the complaint and accompanying material disclose the statutory ingredients and a prima facie case; it cannot assess the correctness of pending predicate offences. Statutory presumptions and reverse burden provisions regarding interconnected transactions and legitimacy of assets are matters for trial. Challenges based on acquittal, discharge or quashing of the scheduled offence arise only after final judicial determination. On the stated material, refusal of discharge was upheld and the revision petitions were dismissed.
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