Charitable trust registration requires a specified-violation notice; settled cash deposits and related-party payments did not justify cancellation or ...
External development charges trigger TDS under section 194C, while disputed administrative payments require factual verification and fresh adjudicatio...
Section 270AA penalty immunity requires identified statutory defaults and a hearing before rejection; reassessment disclosure may constitute under-rep...
Section 80JJAA employee-cost deduction allowed for deployed staff but barred against transfer-pricing income enhancement, with pricing issues remanded...
Transfer-pricing methodology protects commercially genuine associated-enterprise payments, while pre-2016 secondary adjustments and related notional i...
Negative liens over operating assets can constitute international transactions requiring arm's-length pricing reflecting restricted borrowing and expa...
Cross-examination rights in Customs Broker revocation inquiries require witness examination; procedural denial may be cured through fresh adjudication...
The AT ruled that the ED's attachment of properties beyond the value of seized gold was unjustified. The scheduled offences under Customs Act Sections 135(1)(a)(i)(A) and 135(1)(b)(i)(A) related solely to foreign gold valued at 13.56 crores, which was already seized by DRI and subsequently attached by ED. Following Vijay Madanlal Choudhary, the ED could not presume additional scheduled offences without evidence, nor attach property exceeding the value of identified proceeds of crime. While unexplained investments might warrant action under tax laws, PMLA proceedings cannot be initiated based on mere assumptions that assets exceeding known income sources derived from scheduled offences. The appeal was disposed of accordingly.
The AT ruled that the ED's attachment of properties beyond the value of seized gold was unjustified. The scheduled offences under Customs Act Sections 135(1)(a)(i)(A) and 135(1)(b)(i)(A) related solely to foreign gold valued at 13.56 crores, which was already seized by DRI and subsequently attached by ED. Following Vijay Madanlal Choudhary, the ED could not presume additional scheduled offences without evidence, nor attach property exceeding the value of identified proceeds of crime. While unexplained investments might warrant action under tax laws, PMLA proceedings cannot be initiated based on mere assumptions that assets exceeding known income sources derived from scheduled offences. The appeal was disposed of accordingly.
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