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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This case deals with the admissibility of statements made u/s 50 of the Prevention of Money Laundering Act (PMLA) when the accused is in judicial custody in another case investigated by the same agency. The key points are: The Supreme Court held that when an accused is in custody under PMLA, any statement given to the same investigating agency u/s 50 is inadmissible against the maker, as the person is not operating with a free mind. Such statements would violate the principles of fair play and justice, and the 'procedure established by law' under Article 21 of the Constitution. The court distinguished its earlier judgment in Vijay Madanlal Choudhary, stating that it had anticipated scenarios where Section 25 of the Evidence Act (confessions to police officers) may apply. The High Court's judgment was set aside, and the appellant was granted regular bail subject to furnishing bail bonds and sureties, with directions to the trial court. Allegations of misuse of jail facilities were not considered relevant for denying bail.
This case deals with the admissibility of statements made u/s 50 of the Prevention of Money Laundering Act (PMLA) when the accused is in judicial custody in another case investigated by the same agency. The key points are: The Supreme Court held that when an accused is in custody under PMLA, any statement given to the same investigating agency u/s 50 is inadmissible against the maker, as the person is not operating with a free mind. Such statements would violate the principles of fair play and justice, and the 'procedure established by law' under Article 21 of the Constitution. The court distinguished its earlier judgment in Vijay Madanlal Choudhary, stating that it had anticipated scenarios where Section 25 of the Evidence Act (confessions to police officers) may apply. The High Court's judgment was set aside, and the appellant was granted regular bail subject to furnishing bail bonds and sureties, with directions to the trial court. Allegations of misuse of jail facilities were not considered relevant for denying bail.
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