Commercial vehicle depreciation, scientifically determined warranty provisions and exempt-income disallowances were resolved in favour of the taxpayer...
Inherited property sale proceeds require capital-gains treatment where ownership is supported by evidence, not suspicion or unverified signature doubt...
Cross-examination of retracted statements is essential where foundational evidence supports a benami allegation and documented funding explanations re...
Capital-goods exemption covers plant-modernisation accessories, while the import restriction applies only to earlier capital-goods components and spar...
Constitutional judicial review permits challenges to ECIRs and connected money-laundering proceedings where coercive action affects fundamental intere...
Money-laundering proceedings require the existence of proceeds of crime derived from criminal activity relating to a scheduled offence. The notes state that, where allegations against persons arise solely from transactions with an entity that has been finally discharged on the basis that the relevant funds were not proceeds of crime, proceedings against those persons cannot continue. Applying the principle in Vijay Madanlal Choudhary, the HC reportedly quashed the criminal process and rejected-discharge order against the petitioners because the underlying transaction no longer involved proceeds of crime.
Money-laundering proceedings require the existence of proceeds of crime derived from criminal activity relating to a scheduled offence. The notes state that, where allegations against persons arise solely from transactions with an entity that has been finally discharged on the basis that the relevant funds were not proceeds of crime, proceedings against those persons cannot continue. Applying the principle in Vijay Madanlal Choudhary, the HC reportedly quashed the criminal process and rejected-discharge order against the petitioners because the underlying transaction no longer involved proceeds of crime.
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