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 provisional attachment orders under PMLA, 2002 involving illegal foreign remittances to Hong Kong through fraudulent import documents. Despite appellants providing detailed explanations for acquisition sources of attached vehicles, the tribunal held that properties can be attached as "value" of proceeds of crime even when acquired from explained sources, if direct proceeds are dissipated or unavailable. The court emphasized that "proceeds of crime" encompasses both direct proceeds and equivalent value from scheduled offences. With prosecution complaints pending and evidence including witness statements, forensic mobile phone examination, and incriminating communications, the tribunal found sufficient grounds for continued attachment. The provisional attachment does not disturb ownership title or deprive possession rights during pending criminal proceedings.
The AT dismissed appeals challenging provisional attachment orders under PMLA, 2002 involving illegal foreign remittances to Hong Kong through fraudulent import documents. Despite appellants providing detailed explanations for acquisition sources of attached vehicles, the tribunal held that properties can be attached as "value" of proceeds of crime even when acquired from explained sources, if direct proceeds are dissipated or unavailable. The court emphasized that "proceeds of crime" encompasses both direct proceeds and equivalent value from scheduled offences. With prosecution complaints pending and evidence including witness statements, forensic mobile phone examination, and incriminating communications, the tribunal found sufficient grounds for continued attachment. The provisional attachment does not disturb ownership title or deprive possession rights during pending criminal proceedings.
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