Minimum alternate tax exclusions for pre-amendment banking companies and expatriate Indian branch salaries remain outside head office expenditure limi...
Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Writ jurisdiction against provisional attachment under the PMLA should be exercised sparingly where an efficacious statutory remedy exists, unless mala fides, patent arbitrariness or manifest lack of jurisdiction is clearly shown. The notes state that FIRs disclosing cheating as a scheduled offence, coupled with statutory reporting to jurisdictional police, can support provisional attachment; a pre-registered criminal case is not indispensable if the prescribed reporting process is followed. Disputes over advertising revenue attributable to users outside India concern quantification of alleged proceeds of crime and disputed facts, and should be addressed through the PMLA adjudicatory mechanism. The writ petition was dismissed, with rights and contentions reserved for statutory proceedings.
Writ jurisdiction against provisional attachment under the PMLA should be exercised sparingly where an efficacious statutory remedy exists, unless mala fides, patent arbitrariness or manifest lack of jurisdiction is clearly shown. The notes state that FIRs disclosing cheating as a scheduled offence, coupled with statutory reporting to jurisdictional police, can support provisional attachment; a pre-registered criminal case is not indispensable if the prescribed reporting process is followed. Disputes over advertising revenue attributable to users outside India concern quantification of alleged proceeds of crime and disputed facts, and should be addressed through the PMLA adjudicatory mechanism. The writ petition was dismissed, with rights and contentions reserved for statutory proceedings.
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