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 concerning attachment of property under the PMLA related to scheduled offences involving falsified financial statements and conspiracy. It was established that a portion of the purchase consideration for the property originated from proceeds of crime traced to inflated share sales. The tribunal emphasized that proceeds of crime encompass property equivalent in value to criminally derived assets, regardless of legitimate income sources. The failure to provide an opportunity of hearing under Section 8 of the PMLA was noted but did not alter the outcome. The tribunal rejected the contention that SARFAESI Act supersedes PMLA, affirming their distinct objectives. Consequently, the attachment order was upheld, confirming the property as proceeds of crime and dismissing the appeal.
The AT dismissed the appeal concerning attachment of property under the PMLA related to scheduled offences involving falsified financial statements and conspiracy. It was established that a portion of the purchase consideration for the property originated from proceeds of crime traced to inflated share sales. The tribunal emphasized that proceeds of crime encompass property equivalent in value to criminally derived assets, regardless of legitimate income sources. The failure to provide an opportunity of hearing under Section 8 of the PMLA was noted but did not alter the outcome. The tribunal rejected the contention that SARFAESI Act supersedes PMLA, affirming their distinct objectives. Consequently, the attachment order was upheld, confirming the property as proceeds of crime and dismissing the appeal.
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