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 provisional attachment orders under PMLA. The appellants contended properties acquired prior to PMLA enforcement and scheduled offence commission could not be attached, arguing lack of connection with proceeds of crime and non-compliance with Section 5(1) conditions. The AT held that properties acquired as "value thereof" need not prove direct connection with proceeds of crime when direct proceeds are absent. Settlement deeds executed post-fraud discovery were deemed attempts to frustrate PMLA proceedings, justifying immediate attachment under the second proviso of Section 5(1). The appellant failed to establish legal income sources for property acquisition despite claiming transfer via settlement deed. The AT ruled ED need not conduct independent investigation of predicate offences, only identify glaring mistakes in police investigations while maintaining consistency with predicate offence conclusions.
The AT dismissed the appeal challenging provisional attachment orders under PMLA. The appellants contended properties acquired prior to PMLA enforcement and scheduled offence commission could not be attached, arguing lack of connection with proceeds of crime and non-compliance with Section 5(1) conditions. The AT held that properties acquired as "value thereof" need not prove direct connection with proceeds of crime when direct proceeds are absent. Settlement deeds executed post-fraud discovery were deemed attempts to frustrate PMLA proceedings, justifying immediate attachment under the second proviso of Section 5(1). The appellant failed to establish legal income sources for property acquisition despite claiming transfer via settlement deed. The AT ruled ED need not conduct independent investigation of predicate offences, only identify glaring mistakes in police investigations while maintaining consistency with predicate offence conclusions.
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