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 the provisional attachment order under the PMLA, 2002, concerning proceeds of crime from gold smuggling. The appellant was implicated through his admissions under section 50(2) and identified as accused no. 10 in the ED's prosecution complaint. The Tribunal held that attachment of property need not be limited to direct accused but extends to persons who have received proceeds of crime. The appellant's contention that no FIR was registered was rejected, as the offence under section 3 of the PMLA is independent. The attachment of gold valued at approximately Rs. 2 crore was upheld, with the appellant permitted to seek separate remedies if excess gold beyond the attachment value is not released. The appeal was accordingly dismissed, affirming the legality of the provisional attachment.
The AT dismissed the appeal challenging the provisional attachment order under the PMLA, 2002, concerning proceeds of crime from gold smuggling. The appellant was implicated through his admissions under section 50(2) and identified as accused no. 10 in the ED's prosecution complaint. The Tribunal held that attachment of property need not be limited to direct accused but extends to persons who have received proceeds of crime. The appellant's contention that no FIR was registered was rejected, as the offence under section 3 of the PMLA is independent. The attachment of gold valued at approximately Rs. 2 crore was upheld, with the appellant permitted to seek separate remedies if excess gold beyond the attachment value is not released. The appeal was accordingly dismissed, affirming the legality of the provisional attachment.
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