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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HC quashed the ECIR and summons issued to the petitioner under PMLA, finding no evidence of money laundering. The court determined that sites granted as compensation, which had already been surrendered and allotment canceled, could not constitute "proceeds of crime" as defined under Section 3 PMLA. Following precedent established in NATESHA that site allotments cannot be proceeds of crime, the court found the petitioner was not in possession, enjoyment, or usage of any proceeds of crime. While the ED could pursue investigations against others implicated in MUDA corruption, the petitioner could not be prosecuted under PMLA, though this ruling does not affect the predicate offense proceedings in Crime No. 11/2024.
HC quashed the ECIR and summons issued to the petitioner under PMLA, finding no evidence of money laundering. The court determined that sites granted as compensation, which had already been surrendered and allotment canceled, could not constitute "proceeds of crime" as defined under Section 3 PMLA. Following precedent established in NATESHA that site allotments cannot be proceeds of crime, the court found the petitioner was not in possession, enjoyment, or usage of any proceeds of crime. While the ED could pursue investigations against others implicated in MUDA corruption, the petitioner could not be prosecuted under PMLA, though this ruling does not affect the predicate offense proceedings in Crime No. 11/2024.
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