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 allowed ED's appeal against the Adjudicating Authority's order setting aside provisional attachment of properties in a money laundering case involving illegal IMFL manufacture. The AT held that the Joint Director was competent to issue the PAO in the Deputy Director's absence, and subsequent filing of the Original Complaint by the Deputy Director was valid. The material before the Joint Director sufficed to form reasonable belief under Section 5 of PMLA for provisional attachment. Documents gathered post-PAO but pre-OC filing could be relied upon by the Adjudicating Authority. The seven-year delay between ECIR recording and PAO issuance did not invalidate the attachment, particularly given respondents' non-cooperation. No prior opportunity was required before PAO issuance to rebut Section 24 presumption. The property attachment was confirmed and appeal allowed.
The AT allowed ED's appeal against the Adjudicating Authority's order setting aside provisional attachment of properties in a money laundering case involving illegal IMFL manufacture. The AT held that the Joint Director was competent to issue the PAO in the Deputy Director's absence, and subsequent filing of the Original Complaint by the Deputy Director was valid. The material before the Joint Director sufficed to form reasonable belief under Section 5 of PMLA for provisional attachment. Documents gathered post-PAO but pre-OC filing could be relied upon by the Adjudicating Authority. The seven-year delay between ECIR recording and PAO issuance did not invalidate the attachment, particularly given respondents' non-cooperation. No prior opportunity was required before PAO issuance to rebut Section 24 presumption. The property attachment was confirmed and appeal allowed.
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