Withdrawal of obsolete FEMA circulars streamlines rules on external commercial borrowings, non-resident bond investments, and money transfer sub-agent...
Departmental appeal limitation after call-book recall preserves original filing, while documented correlation supports SAD refund on imported granules...
Income-tax prosecution fails when appellate remand removes its factual foundation; directors require company arraignment for vicarious criminal liabil...
Capital character of assignment consideration prevents taxation as residuary income, while unsupported interest-related expenditure remains non-deduct...
Make-available condition shields regional support-service receipts from Indian taxation where no independent capability or permanent establishment exi...
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PMLA attachment preceding a compromise decree takes priority where ownership has not been transferred in execution of the compromise terms; the decree does not create rights in the attached property. A single Member (Finance) may validly confirm attachment because the statutory scheme permits a single-member bench with appellate review on facts and law. Property acquired before the scheduled offence is not automatically immune from attachment if it constitutes proceeds of crime. Provisional attachment requires recorded reasons to believe that immediate action is necessary, while challenges to the factual basis of that satisfaction are to follow statutory appellate remedies. Confirmation also requires the Adjudicating Authority to independently assess material and form the requisite belief.
PMLA attachment preceding a compromise decree takes priority where ownership has not been transferred in execution of the compromise terms; the decree does not create rights in the attached property. A single Member (Finance) may validly confirm attachment because the statutory scheme permits a single-member bench with appellate review on facts and law. Property acquired before the scheduled offence is not automatically immune from attachment if it constitutes proceeds of crime. Provisional attachment requires recorded reasons to believe that immediate action is necessary, while challenges to the factual basis of that satisfaction are to follow statutory appellate remedies. Confirmation also requires the Adjudicating Authority to independently assess material and form the requisite belief.
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