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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AT allowed the appeal and directed the Adjudicating Authority to issue notice under Section 8(2) of the PMLA to the anonymized appellant and permit participation in adjudication proceedings. The AT held that the proviso to Section 8(2) does not require a claimant to establish an indisputable title or ownership; rather a legitimate interest in the property suffices to trigger the obligation to serve notice and afford an opportunity to prove the property is not involved in money laundering. The tribunal rejected the contention that only perfect titleholders may claim and found no basis to exclude persons with recognized proprietary or quasi-proprietary interests from the Section 8(2) process.
AT allowed the appeal and directed the Adjudicating Authority to issue notice under Section 8(2) of the PMLA to the anonymized appellant and permit participation in adjudication proceedings. The AT held that the proviso to Section 8(2) does not require a claimant to establish an indisputable title or ownership; rather a legitimate interest in the property suffices to trigger the obligation to serve notice and afford an opportunity to prove the property is not involved in money laundering. The tribunal rejected the contention that only perfect titleholders may claim and found no basis to exclude persons with recognized proprietary or quasi-proprietary interests from the Section 8(2) process.
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