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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The Court observed that Article 21 of the Constitution guarantees the right to personal liberty, and bail is the rule while jail is an exception. However, considering the nature of the offence, multi-layered transactions, and nation-wide nexus, further investigation is ongoing. The Court elucidated factors for deciding bail applications and the need for judicious exercise of discretion. It examined the twin conditions u/s 45 of PMLA and found prima facie sufficient material showing the applicant's involvement in money laundering and connecting the monies to the predicate offence as 'proceeds of crime'. The Court invoked the statutory presumption u/s 24 of PMLA and held that the applicant failed to satisfy the twin conditions for bail u/s 45(1) of PMLA. Regarding medical ailments, the Court noted the applicant did not establish that the ailments cannot be treated in jail or referral hospitals. Consequently, the bail application was dismissed.
The Court observed that Article 21 of the Constitution guarantees the right to personal liberty, and bail is the rule while jail is an exception. However, considering the nature of the offence, multi-layered transactions, and nation-wide nexus, further investigation is ongoing. The Court elucidated factors for deciding bail applications and the need for judicious exercise of discretion. It examined the twin conditions u/s 45 of PMLA and found prima facie sufficient material showing the applicant's involvement in money laundering and connecting the monies to the predicate offence as 'proceeds of crime'. The Court invoked the statutory presumption u/s 24 of PMLA and held that the applicant failed to satisfy the twin conditions for bail u/s 45(1) of PMLA. Regarding medical ailments, the Court noted the applicant did not establish that the ailments cannot be treated in jail or referral hospitals. Consequently, the bail application was dismissed.
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