Aggregation under TNMM prevents selective testing of intra-group services without comparable uncontrolled transactions, while appellate additional cla...
Protective assessment cannot duplicate identical receipts under competing characterisations; remote services did not establish a taxable permanent est...
Current account treatment of overseas tournament services removed most FEMA findings, but excess EEFC remittance and delayed repatriation remained bre...
Modification of bail conditions remains available through inherent jurisdiction where onerous deposits undermine justice and cannot recover disputed d...
Merchant banker regulation consolidates registration, governance, capital, reporting, outsourcing and investor-protection requirements under an update...
Section 44(1)(c) of the PMLA permits committal of a scheduled-offence case to the Special Court only after both the scheduled offence and the money-laundering complaint have been taken cognizance of by different courts. A pre-cognizance appearance notice under the BNSS does not satisfy that requirement, and absence of the required prosecution sanction further makes a committal request premature. Committal remains discretionary and must serve the interests of justice, including avoiding inconsistent findings without delaying a substantially concluded scheduled-offence trial. Where evidence and final arguments have substantially progressed, transfer to a Special Court dealing with a complaint still at the pre-cognizance stage may prejudice the accused and undermine speedy trial.
Section 44(1)(c) of the PMLA permits committal of a scheduled-offence case to the Special Court only after both the scheduled offence and the money-laundering complaint have been taken cognizance of by different courts. A pre-cognizance appearance notice under the BNSS does not satisfy that requirement, and absence of the required prosecution sanction further makes a committal request premature. Committal remains discretionary and must serve the interests of justice, including avoiding inconsistent findings without delaying a substantially concluded scheduled-offence trial. Where evidence and final arguments have substantially progressed, transfer to a Special Court dealing with a complaint still at the pre-cognizance stage may prejudice the accused and undermine speedy trial.
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