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 appeals and upheld provisional attachment under the PMLA, holding the relevant date for money-laundering is when alleged proceeds are projected as untainted property (triggering an ECIR) rather than date of acquisition. The Tribunal applied the extended definition of "proceeds of crime," including the second limb (value/equivalent property), rejecting appellants' contention that pre-offence acquisitions are immune where proceeds were allegedly siphoned off. It held ED need not re-investigate predicate offences already subject to police/CBI probe and sustained attachment despite appellants' limited declared assets, finding the quantum of fraud relevant to scheduled offence classification. Appeals dismissed; victim bank permitted to assert its claims; criminal trials unaffected.
The AT dismissed the appeals and upheld provisional attachment under the PMLA, holding the relevant date for money-laundering is when alleged proceeds are projected as untainted property (triggering an ECIR) rather than date of acquisition. The Tribunal applied the extended definition of "proceeds of crime," including the second limb (value/equivalent property), rejecting appellants' contention that pre-offence acquisitions are immune where proceeds were allegedly siphoned off. It held ED need not re-investigate predicate offences already subject to police/CBI probe and sustained attachment despite appellants' limited declared assets, finding the quantum of fraud relevant to scheduled offence classification. Appeals dismissed; victim bank permitted to assert its claims; criminal trials unaffected.
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