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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Petition u/s 227 of Criminal Procedure Code for discharge dismissed. Allegations in complaint constitute offence of money laundering u/s 3 of PMLA. Prosecution of shareholders permissible if evidence links them to commission of crime. Section 3 covers indirect attempts, assistance or involvement in money laundering. Mere concealment, possession or use sufficient for prosecution. Direct link unnecessary, indirect involvement and connecting link suffice. Discharge u/s 227 in PMLA cases differs from general criminal cases. Material evidence against petitioner regarding consent as major shareholder for borrowing, offering collateral security to be proved at trial. Section 70 of PMLA on presumption of culpable mental state to be read with Section 3. Shareholder liability principle under general law inapplicable to PMLA. Petitioner, holding 86% shares, to prove lack of knowledge of money laundering during trial. Complaint contains material evidence for prosecution, petitioner to prove innocence at trial. No infirmity in impugned order, revision dismissed.
Petition u/s 227 of Criminal Procedure Code for discharge dismissed. Allegations in complaint constitute offence of money laundering u/s 3 of PMLA. Prosecution of shareholders permissible if evidence links them to commission of crime. Section 3 covers indirect attempts, assistance or involvement in money laundering. Mere concealment, possession or use sufficient for prosecution. Direct link unnecessary, indirect involvement and connecting link suffice. Discharge u/s 227 in PMLA cases differs from general criminal cases. Material evidence against petitioner regarding consent as major shareholder for borrowing, offering collateral security to be proved at trial. Section 70 of PMLA on presumption of culpable mental state to be read with Section 3. Shareholder liability principle under general law inapplicable to PMLA. Petitioner, holding 86% shares, to prove lack of knowledge of money laundering during trial. Complaint contains material evidence for prosecution, petitioner to prove innocence at trial. No infirmity in impugned order, revision dismissed.
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