Transfer-pricing comparability permits fresh objections and filters where software service comparables are functionally unsuitable for arm's-length pr...
Territorial rendering requirement excludes China-based management and consultancy services from fees for technical services under the India-China DTAA...
FEMA borrowing restrictions bind charitable trusts, and civil penalties apply without proving intent for delayed repayment of non-resident rupee loans...
HC ruled petitioner's arrest for money laundering under PMLA illegal. Court found ED failed to establish "reason to believe" standard required under Section 19(1) PMLA. No tangible evidence demonstrated petitioner's involvement in illegal sand mining operations or financial transactions with proceeds of crime. ED's investigation lacked proof of petitioner's share deposits in mining bids or direct participation in money laundering activities. While petitioner acknowledged financial dealings with AMPL, prosecution failed to establish connection to proceeds of crime or involvement in concealment, possession, or projection of untainted property. Court emphasized arrest power under PMLA requires substantive evidence of guilt, not merely investigative purposes. Petition granted, arrest declared violation of Section 19(1) PMLA safeguards.
HC ruled petitioner's arrest for money laundering under PMLA illegal. Court found ED failed to establish "reason to believe" standard required under Section 19(1) PMLA. No tangible evidence demonstrated petitioner's involvement in illegal sand mining operations or financial transactions with proceeds of crime. ED's investigation lacked proof of petitioner's share deposits in mining bids or direct participation in money laundering activities. While petitioner acknowledged financial dealings with AMPL, prosecution failed to establish connection to proceeds of crime or involvement in concealment, possession, or projection of untainted property. Court emphasized arrest power under PMLA requires substantive evidence of guilt, not merely investigative purposes. Petition granted, arrest declared violation of Section 19(1) PMLA safeguards.
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