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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Money laundering case involving proceeds of crime from scheduled offence of conspiracy to siphon crores of rupees deposited by innocent bank depositors. Key points: Offence u/s 3 of PMLA requires illegal gain of property from a scheduled offence, which is a prerequisite for prosecution. Prosecution cannot be initiated on notional basis or assumption of scheduled offence without it being registered with police or pending inquiry/trial. If accused is discharged/acquitted of scheduled offence or case quashed, no money laundering offence can be made out. Subsequent FIR cannot be subsumed into existing ECIR without satisfying requirements. ECIR based on scheduled offence of cheating under IPC. Well-settled that money laundering offence depends on illegal property from scheduled offence. Prosecution not permissible on assumption alone. Petitions seeking relief dismissed as grievances undeserving.
Money laundering case involving proceeds of crime from scheduled offence of conspiracy to siphon crores of rupees deposited by innocent bank depositors. Key points: Offence u/s 3 of PMLA requires illegal gain of property from a scheduled offence, which is a prerequisite for prosecution. Prosecution cannot be initiated on notional basis or assumption of scheduled offence without it being registered with police or pending inquiry/trial. If accused is discharged/acquitted of scheduled offence or case quashed, no money laundering offence can be made out. Subsequent FIR cannot be subsumed into existing ECIR without satisfying requirements. ECIR based on scheduled offence of cheating under IPC. Well-settled that money laundering offence depends on illegal property from scheduled offence. Prosecution not permissible on assumption alone. Petitions seeking relief dismissed as grievances undeserving.
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