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...
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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