Transfer pricing requires evidence for AMP transactions, functionally reliable comparables, and appropriate aggregation or Berry Ratio benchmarking me...
Revisionary jurisdiction cannot reopen share capital assessments where adequate inquiry supports a permissible view and no independent error is establ...
Reassessment jurisdiction fails where unverified portal information is aggregated without examining the taxpayer's explanation or relevance of entries...
Statutory sanction for delayed reassessment requires approval from the prescribed authority; approval by an inferior authority invalidates jurisdictio...
Transfer pricing margin adjustments require matching treatment of non-operating income and related costs, with comparability issues reconsidered on ev...
Preliminary-expense amortisation and MAT exempt-income adjustments prevailed, while trademark costs and managerial remuneration require fresh verifica...
Export valuation requires contemporaneous evidence; unrelated invoices cannot prove overvaluation, and dual penalties on firm and partner are impermis...
Money Laundering - scheduled offences - predicate offence - The High Court confirmed that the offense under Section 3 of the PMLA depends on the existence of proceeds from a criminal activity related to a scheduled offense. Following the respondents' acquittal in the predicate offense, the foundational basis for the money laundering charges was negated. The Court ordered the release of the attached properties and bank accounts, stating that since the underlying crime was not proven, the properties could not be considered proceeds of crime. The High Court observed that the mere filing of an appeal against an acquittal does not continue the conditions for criminal proceedings under the PMLA. Thus, until an acquittal is overturned, the discharged individuals should not be subject to the constraints of the charges initially brought against them.
Money Laundering - scheduled offences - predicate offence - The High Court confirmed that the offense under Section 3 of the PMLA depends on the existence of proceeds from a criminal activity related to a scheduled offense. Following the respondents' acquittal in the predicate offense, the foundational basis for the money laundering charges was negated. The Court ordered the release of the attached properties and bank accounts, stating that since the underlying crime was not proven, the properties could not be considered proceeds of crime. The High Court observed that the mere filing of an appeal against an acquittal does not continue the conditions for criminal proceedings under the PMLA. Thus, until an acquittal is overturned, the discharged individuals should not be subject to the constraints of the charges initially brought against them.
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