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 ...
Mutual fund maturity rules require proper rollover, redemption, disclosure, and due diligence; investor gains cannot excuse regulatory breaches or pen...
Threshold exemption excludes exempt services, while stamp-paper purchases avoid reverse charge; consequential service tax penalties were also set asid...
Employee conflict disclosures and investment restrictions expand with new recusal duties, post-employment limits, and compliance reporting requirement...
Defreezing of bank accounts - Implication of Non-Reporting of Seizure Forthwith to the Magistrate - The Supreme Court judgment addresses the critical question of whether delayed reporting of seizures to the Magistrate under Section 102(3) Cr.P.C. nullifies the seizure order. The Court traced the legislative history and examined conflicting precedents, concluding that delayed reporting is a procedural irregularity rather than a substantive illegality. The Court defined the term "forthwith" and clarified that non-compliance with the reporting requirement does not invalidate the seizure. The validity of the seizure depends on the jurisdictional and substantive grounds, not procedural compliance. - In the present case, the Supreme Court overturned the High Court’s decision to de-freeze the bank accounts of the respondents, directing them to execute a bond to deposit the seized amount if found guilty.
Defreezing of bank accounts - Implication of Non-Reporting of Seizure Forthwith to the Magistrate - The Supreme Court judgment addresses the critical question of whether delayed reporting of seizures to the Magistrate under Section 102(3) Cr.P.C. nullifies the seizure order. The Court traced the legislative history and examined conflicting precedents, concluding that delayed reporting is a procedural irregularity rather than a substantive illegality. The Court defined the term "forthwith" and clarified that non-compliance with the reporting requirement does not invalidate the seizure. The validity of the seizure depends on the jurisdictional and substantive grounds, not procedural compliance. - In the present case, the Supreme Court overturned the High Court’s decision to de-freeze the bank accounts of the respondents, directing them to execute a bond to deposit the seized amount if found guilty.
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