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 under the PMLA is treated as a distinct statutory offence from the predicate or scheduled offence, despite factual interconnection. The article notes that conviction for the predicate offence does not create double jeopardy or bar continued PMLA prosecution because the laundering offence concerns dealings with proceeds of crime and has separate ingredients. Section 300 of the CrPC applies only to successive trials for the same offence or legally prohibited trials based on identical facts. Whether assets qualify as proceeds of crime must be determined on evidence by the Special Court and cannot be prematurely decided in proceedings under Section 482 of the CrPC. The discussed petitions were dismissed and the stay on PMLA proceedings was dissolved.
Money-laundering under the PMLA is treated as a distinct statutory offence from the predicate or scheduled offence, despite factual interconnection. The article notes that conviction for the predicate offence does not create double jeopardy or bar continued PMLA prosecution because the laundering offence concerns dealings with proceeds of crime and has separate ingredients. Section 300 of the CrPC applies only to successive trials for the same offence or legally prohibited trials based on identical facts. Whether assets qualify as proceeds of crime must be determined on evidence by the Special Court and cannot be prematurely decided in proceedings under Section 482 of the CrPC. The discussed petitions were dismissed and the stay on PMLA proceedings was dissolved.
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