Section 10A and related deductions: Tribunal rejects separate-undertaking claim, but allows loss set-off, ESOP cost and foreign tax credit in principl...
Prima facie material at the discharge and charge-framing stage need only raise a strong suspicion of the accused's involvement; the court must not conduct a roving inquiry or weigh evidence as at trial. The notes state that the petitioner was a trustee when a loan was allegedly obtained through fraudulent documents, diverted from its stated purpose, and linked to laundering of proceeds of crime. On that material, the Trial Court's refusal to discharge was affirmed and the criminal revision was dismissed.
Prima facie material at the discharge and charge-framing stage need only raise a strong suspicion of the accused's involvement; the court must not conduct a roving inquiry or weigh evidence as at trial. The notes state that the petitioner was a trustee when a loan was allegedly obtained through fraudulent documents, diverted from its stated purpose, and linked to laundering of proceeds of crime. On that material, the Trial Court's refusal to discharge was affirmed and the criminal revision was dismissed.
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