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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SC held that the HC's bail order in a money laundering case was unsustainable due to non-compliance with mandatory conditions under Section 45 of PMLA. The HC failed to establish reasonable grounds for believing the accused's non-guilt and likelihood of not reoffending while on bail. The Court emphasized that money laundering is not an ordinary offense but has transnational impact on financial systems and sovereignty. The casual approach in granting bail without considering PMLA's rigors was deemed improper. The matter was remanded to HC for fresh consideration by a different bench, with strict instructions to evaluate bail application under Section 45's mandatory requirements. The Court also clarified that money laundering is an independent offense concerning proceeds of crime, regardless of involvement in predicate offenses.
SC held that the HC's bail order in a money laundering case was unsustainable due to non-compliance with mandatory conditions under Section 45 of PMLA. The HC failed to establish reasonable grounds for believing the accused's non-guilt and likelihood of not reoffending while on bail. The Court emphasized that money laundering is not an ordinary offense but has transnational impact on financial systems and sovereignty. The casual approach in granting bail without considering PMLA's rigors was deemed improper. The matter was remanded to HC for fresh consideration by a different bench, with strict instructions to evaluate bail application under Section 45's mandatory requirements. The Court also clarified that money laundering is an independent offense concerning proceeds of crime, regardless of involvement in predicate offenses.
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