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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The AT dismissed appeals challenging property attachment under money laundering provisions. Despite appellants not being named in the predicate offence FIR or chargesheet, the tribunal held that properties can be attached from any person possessing proceeds of crime, following Supreme Court precedent in Vijay Madanlal Choudhary. The corporate appellants, though non-corporeal juristic persons, could not claim immunity as they were controlled by accused shareholders who layered criminal proceeds through these entities. The ED established reasonable belief that properties constituted proceeds of crime through evidence of foreign remittances, layering activities, and nexus with predicate offences. Appellants failed to demonstrate legitimate income sources or break the connection to criminal proceeds. The attachment was deemed lawful and properly confirmed by the adjudicating authority.
The AT dismissed appeals challenging property attachment under money laundering provisions. Despite appellants not being named in the predicate offence FIR or chargesheet, the tribunal held that properties can be attached from any person possessing proceeds of crime, following Supreme Court precedent in Vijay Madanlal Choudhary. The corporate appellants, though non-corporeal juristic persons, could not claim immunity as they were controlled by accused shareholders who layered criminal proceeds through these entities. The ED established reasonable belief that properties constituted proceeds of crime through evidence of foreign remittances, layering activities, and nexus with predicate offences. Appellants failed to demonstrate legitimate income sources or break the connection to criminal proceeds. The attachment was deemed lawful and properly confirmed by the adjudicating authority.
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