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 the appeal challenging property attachment under PMLA. The tribunal held that ED need not conduct independent investigation into predicate offences, only identifying glaring mistakes in police/CBI investigations while investigating money laundering. Properties acquired before PMLA enforcement remain attachable as the relevant date for determining scheduled offence is when tainted property is projected as untainted, not acquisition date. PC Act provisions apply retrospectively for money laundering purposes regardless of asset acquisition timing. The court found sufficient evidence of disproportionate assets and money laundering, with appellant failing to prove legal income sources. Section 5(1) conditions were satisfied given apprehension of property alienation following FIR registration, and requirements under clauses (a) and (b) were fulfilled as appellant possessed alleged proceeds of crime with likelihood of concealment.
The AT dismissed the appeal challenging property attachment under PMLA. The tribunal held that ED need not conduct independent investigation into predicate offences, only identifying glaring mistakes in police/CBI investigations while investigating money laundering. Properties acquired before PMLA enforcement remain attachable as the relevant date for determining scheduled offence is when tainted property is projected as untainted, not acquisition date. PC Act provisions apply retrospectively for money laundering purposes regardless of asset acquisition timing. The court found sufficient evidence of disproportionate assets and money laundering, with appellant failing to prove legal income sources. Section 5(1) conditions were satisfied given apprehension of property alienation following FIR registration, and requirements under clauses (a) and (b) were fulfilled as appellant possessed alleged proceeds of crime with likelihood of concealment.
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