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 HC held that the existence of an alternate statutory remedy does not render a writ petition under Article 226 non-maintainable, affirming the Court's discretion to entertain such petitions. The ED's jurisdiction to investigate under PMLA is contingent upon the presence of a predicate offence and identifiable proceeds of crime. The Court found that the ED lacked jurisdiction to attach fixed deposits as proceeds of crime since no new material linked the deposits to money laundering, and the investigation had spanned over a decade without such evidence. Further, under Section 66(2) PMLA, the ED cannot investigate offences beyond its remit without referral to the appropriate agency. Consequently, the impugned attachment order was quashed for jurisdictional error, and the petition was allowed.
The HC held that the existence of an alternate statutory remedy does not render a writ petition under Article 226 non-maintainable, affirming the Court's discretion to entertain such petitions. The ED's jurisdiction to investigate under PMLA is contingent upon the presence of a predicate offence and identifiable proceeds of crime. The Court found that the ED lacked jurisdiction to attach fixed deposits as proceeds of crime since no new material linked the deposits to money laundering, and the investigation had spanned over a decade without such evidence. Further, under Section 66(2) PMLA, the ED cannot investigate offences beyond its remit without referral to the appropriate agency. Consequently, the impugned attachment order was quashed for jurisdictional error, and the petition was allowed.
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