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 HC dismissed the petition and refused to quash proceedings against the petitioner, arrayed as the third accused, holding that prima facie material establishes possession of alleged proceeds of crime and sufficient inference of knowledge/mens rea under Section 3 of the PML Act, 2002. The Court ruled determination of actual possession, mens rea and use of tainted funds for any second acquisition is evidentiary and for trial; quashing at pre-trial was inappropriate. The Court observed that absence as an accused in the predicate complaint does not preclude prosecution under the PML Act or automatic quashment, and that ongoing possession post-registration supports continuation of prosecution. The Criminal Miscellaneous Case was dismissed.
The HC dismissed the petition and refused to quash proceedings against the petitioner, arrayed as the third accused, holding that prima facie material establishes possession of alleged proceeds of crime and sufficient inference of knowledge/mens rea under Section 3 of the PML Act, 2002. The Court ruled determination of actual possession, mens rea and use of tainted funds for any second acquisition is evidentiary and for trial; quashing at pre-trial was inappropriate. The Court observed that absence as an accused in the predicate complaint does not preclude prosecution under the PML Act or automatic quashment, and that ongoing possession post-registration supports continuation of prosecution. The Criminal Miscellaneous Case was dismissed.
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