Development agreements require legal possession or effective enjoyment for capital gains transfer; permissive possession and deferred consideration de...
Prolonged sterilisation of development rights supports capital-gains treatment, while business-income disallowances cannot govern capital-gains comput...
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...
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Powers of the ED to arrest an accused after cognizance is taken by the Special Court. - Procedure when an accused does not appear after service of summons. - The Supreme Court noted with concern the practice by some Special Courts under the PMLA of taking accused into custody after their appearance in compliance with a summons. This practice was found to be illegal and in violation of the right to liberty. The Court clarified that if the ED requires the custody of an accused who appears post-summons, it must apply to the Special Court for such custody, ensuring that the accused's rights are respected and safeguarded through judicial oversight.
Powers of the ED to arrest an accused after cognizance is taken by the Special Court. - Procedure when an accused does not appear after service of summons. - The Supreme Court noted with concern the practice by some Special Courts under the PMLA of taking accused into custody after their appearance in compliance with a summons. This practice was found to be illegal and in violation of the right to liberty. The Court clarified that if the ED requires the custody of an accused who appears post-summons, it must apply to the Special Court for such custody, ensuring that the accused's rights are respected and safeguarded through judicial oversight.
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