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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When authorities of Enforcement Directorate (ED) have reasons to believe, based on material, that any person possesses proceeds of crime and is likely to conceal or create encumbrance to frustrate confiscation proceedings, ED would be justified in issuing provisional attachment order of such properties and seeking confirmation from Adjudicating Authority. Provisional attachment u/s 5(1) of PMLA is valid for 180 days. u/s 5(3), provisional attachment ceases after 180 days. When ED sought confirmation of provisional attachment before Adjudicating Authority and it was dropped, provisional attachment lapses due to limitation u/s 5(1). Consequently, there is no attachment over subject properties. Direction to ED to revoke and release attachment and seizure of movable and immovable properties of petitioners within two weeks - Petition allowed.
When authorities of Enforcement Directorate (ED) have reasons to believe, based on material, that any person possesses proceeds of crime and is likely to conceal or create encumbrance to frustrate confiscation proceedings, ED would be justified in issuing provisional attachment order of such properties and seeking confirmation from Adjudicating Authority. Provisional attachment u/s 5(1) of PMLA is valid for 180 days. u/s 5(3), provisional attachment ceases after 180 days. When ED sought confirmation of provisional attachment before Adjudicating Authority and it was dropped, provisional attachment lapses due to limitation u/s 5(1). Consequently, there is no attachment over subject properties. Direction to ED to revoke and release attachment and seizure of movable and immovable properties of petitioners within two weeks - Petition allowed.
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