Capital-gains exemption for charitable trusts extends to qualifying fixed deposits, while unrecoverable TDS write-offs may constitute income applicati...
India-UK treaty characterisation of telecom-service receipts as business profits withstands unilateral domestic-law amendments for Indian tax purposes...
Transfer-pricing reimbursement adjustments require uncontrolled comparables and cannot become expense-genuineness reviews, resulting in deletion of th...
PMLA attachment of mortgaged land alleged to be proceeds of crime is not displaced solely by a prior mortgage or SARFAESI enforcement. PMLA and SARFAESI operate in distinct fields, with PMLA prevailing on matters of money laundering and proceeds of crime, while attachment does not itself void the prior charge. A secured creditor seeking release must establish bona fides and adequate due diligence, particularly where its interest arose after or around the underlying criminal activity. The FIR registration date does not determine priority if the criminal activity predated the mortgage. Insufficient evidence of due diligence left the land attached and unavailable for auction, subject to a claim before the Special Court under section 8(8).
PMLA attachment of mortgaged land alleged to be proceeds of crime is not displaced solely by a prior mortgage or SARFAESI enforcement. PMLA and SARFAESI operate in distinct fields, with PMLA prevailing on matters of money laundering and proceeds of crime, while attachment does not itself void the prior charge. A secured creditor seeking release must establish bona fides and adequate due diligence, particularly where its interest arose after or around the underlying criminal activity. The FIR registration date does not determine priority if the criminal activity predated the mortgage. Insufficient evidence of due diligence left the land attached and unavailable for auction, subject to a claim before the Special Court under section 8(8).
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