Transfer-pricing treatment of ITeS margins excludes pass-through tax recoveries and separate delayed-receivables interest after working-capital adjust...
Capacity-utilisation adjustments under TNMM can neutralise substantiated COVID-related idle costs where underutilisation materially affects profitabil...
TNMM functional comparability requires excluding rice manufacturers from a pure Basmati rice trader's benchmark and recognising operating export recei...
Working-capital adjustment subsumes delayed-receivable effects in TNMM benchmarking of captive software-development services, avoiding separate notion...
Transfer-pricing comparability requires exclusion of financially illogical super-profit comparables and correction of unsupported annual-report and ma...
Charitable character assessment preserves Section 80G approval despite inclusive spiritual teachings and incidental religious expenditure within the s...
Penalty proceedings for cash-loan acceptance require assessment proceedings and recorded Assessing Officer satisfaction; absent these, the proceedings...
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Money Laundering - proceeds of crime - Provisional attachment of properties - Interest of Depositors - The High court recognized the primary aim of the APPDFE Act to protect depositors by ensuring the assets amassed through fraudulent schemes are distributed equitably among them. The court observed that the PMLA, although a central legislation with overriding effect, does not prioritize the restitution of defrauded depositors, focusing instead on the confiscation of assets involved in money laundering. - The court emphasized that the interests of depositors would be better served under the APPDFE Act, which explicitly provides for the equitable distribution of assets to depositors. It noted that allowing the continuation of attachments under the PMLA could impede this objective. - The court quashed the provisional attachment orders issued by the ED.
Money Laundering - proceeds of crime - Provisional attachment of properties - Interest of Depositors - The High court recognized the primary aim of the APPDFE Act to protect depositors by ensuring the assets amassed through fraudulent schemes are distributed equitably among them. The court observed that the PMLA, although a central legislation with overriding effect, does not prioritize the restitution of defrauded depositors, focusing instead on the confiscation of assets involved in money laundering. - The court emphasized that the interests of depositors would be better served under the APPDFE Act, which explicitly provides for the equitable distribution of assets to depositors. It noted that allowing the continuation of attachments under the PMLA could impede this objective. - The court quashed the provisional attachment orders issued by the ED.
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