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 upheld the provisional attachment order under the PMLA against the appellants, who were found to have amassed illegal assets beyond their lawful income by misusing official positions and employing front companies for layering proceeds of crime. The tribunal held that the limitation of proceeds of crime to the amount initially investigated or charged by CBI/ED does not preclude further investigation or prosecution of additional illicit assets discovered later. Reliance on the Supreme Court precedent confirmed that the scope of proceeds of crime is not confined to initial calculations but is subject to determination by the PMLA court after full trial proceedings. The appeal was dismissed, with liberty granted to both parties to raise all relevant issues before the Special Judge, PMLA Court during final arguments, preserving the right to contest evidentiary matters and the quantum of proceeds of crime.
The AT upheld the provisional attachment order under the PMLA against the appellants, who were found to have amassed illegal assets beyond their lawful income by misusing official positions and employing front companies for layering proceeds of crime. The tribunal held that the limitation of proceeds of crime to the amount initially investigated or charged by CBI/ED does not preclude further investigation or prosecution of additional illicit assets discovered later. Reliance on the Supreme Court precedent confirmed that the scope of proceeds of crime is not confined to initial calculations but is subject to determination by the PMLA court after full trial proceedings. The appeal was dismissed, with liberty granted to both parties to raise all relevant issues before the Special Judge, PMLA Court during final arguments, preserving the right to contest evidentiary matters and the quantum of proceeds of crime.
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