Development agreements require legal possession or effective enjoyment for capital gains transfer; permissive possession and deferred consideration de...
Prolonged sterilisation of development rights supports capital-gains treatment, while business-income disallowances cannot govern capital-gains comput...
Additional evidence in transfer pricing dispute leads to fresh examination, while tax deductions, TDS credit, fee and refund interest require verifica...
Category II AIF pass-through taxation preserves non-business income character; investment receipts cannot be reclassified without applying recognised ...
Money-laundering liability requires prima facie material showing knowing participation, control, possession, projection or enjoyment of proceeds of crime. Mere facilitation, intermediary coordination or professional association does not establish culpability without evidence of intent and direct involvement. Uncorroborated statements of co-accused recorded under the PMLA, unsupported by independent documentary, electronic or other evidence, cannot alone sustain proceedings. Where no material shows execution of transactions, operation of accounts, participation in the predicate offence, benefit from alleged proceeds, or a prior meeting of minds, continuation of prosecution is oppressive and an abuse of process. Proceedings against the Chartered Accountant and intermediary were quashed.
Money-laundering liability requires prima facie material showing knowing participation, control, possession, projection or enjoyment of proceeds of crime. Mere facilitation, intermediary coordination or professional association does not establish culpability without evidence of intent and direct involvement. Uncorroborated statements of co-accused recorded under the PMLA, unsupported by independent documentary, electronic or other evidence, cannot alone sustain proceedings. Where no material shows execution of transactions, operation of accounts, participation in the predicate offence, benefit from alleged proceeds, or a prior meeting of minds, continuation of prosecution is oppressive and an abuse of process. Proceedings against the Chartered Accountant and intermediary were quashed.
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