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 held that discharge in predicate offence does not automatically invalidate PMLA proceedings. The money laundering offence under PMLA is distinct from the scheduled offence generating proceeds of crime. Summons issued under Section 50 PMLA remain valid and cannot be quashed solely on grounds of discharge in underlying criminal case. The Enforcement Directorate retains authority to pursue investigations and enforcement actions independently, provided proceeds of crime and laundering activities can be substantiated. The petition challenging PMLA summons was consequently dismissed for lack of merit, affirming the procedural autonomy of money laundering investigations.
HC held that discharge in predicate offence does not automatically invalidate PMLA proceedings. The money laundering offence under PMLA is distinct from the scheduled offence generating proceeds of crime. Summons issued under Section 50 PMLA remain valid and cannot be quashed solely on grounds of discharge in underlying criminal case. The Enforcement Directorate retains authority to pursue investigations and enforcement actions independently, provided proceeds of crime and laundering activities can be substantiated. The petition challenging PMLA summons was consequently dismissed for lack of merit, affirming the procedural autonomy of money laundering investigations.
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