Transfer pricing requires evidence for AMP transactions, functionally reliable comparables, and appropriate aggregation or Berry Ratio benchmarking me...
Revisionary jurisdiction cannot reopen share capital assessments where adequate inquiry supports a permissible view and no independent error is establ...
Reassessment jurisdiction fails where unverified portal information is aggregated without examining the taxpayer's explanation or relevance of entries...
Statutory sanction for delayed reassessment requires approval from the prescribed authority; approval by an inferior authority invalidates jurisdictio...
Transfer pricing margin adjustments require matching treatment of non-operating income and related costs, with comparability issues reconsidered on ev...
Preliminary-expense amortisation and MAT exempt-income adjustments prevailed, while trademark costs and managerial remuneration require fresh verifica...
Export valuation requires contemporaneous evidence; unrelated invoices cannot prove overvaluation, and dual penalties on firm and partner are impermis...
The court analyzed the application for regular bail in a money laundering case involving the fraudulent setup of Vivo group companies in India without disclosing Chinese ownership and making false declarations to government bodies. Considering Section 45 of the Prevention of Money Laundering Act (PMLA), which imposes additional conditions for granting bail, the court observed that it does not create an absolute prohibition. When trial completion is unlikely within a reasonable time, and the accused is incarcerated for a long period, the conditions u/s 45 must yield to the constitutional mandate of Article 21 (right to life and personal liberty). The court cited Supreme Court judgments emphasizing the right to speedy trial and the power of constitutional courts to grant bail on grounds of violation of Part III of the Constitution, notwithstanding statutory provisions like Section 45 PMLA.
The court analyzed the application for regular bail in a money laundering case involving the fraudulent setup of Vivo group companies in India without disclosing Chinese ownership and making false declarations to government bodies. Considering Section 45 of the Prevention of Money Laundering Act (PMLA), which imposes additional conditions for granting bail, the court observed that it does not create an absolute prohibition. When trial completion is unlikely within a reasonable time, and the accused is incarcerated for a long period, the conditions u/s 45 must yield to the constitutional mandate of Article 21 (right to life and personal liberty). The court cited Supreme Court judgments emphasizing the right to speedy trial and the power of constitutional courts to grant bail on grounds of violation of Part III of the Constitution, notwithstanding statutory provisions like Section 45 PMLA.
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