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 and upheld the provisional attachment order, finding that Rs. 8 crores in the appellant's possession constituted proceeds of crime arising from a Ponzi-like scheme and were not repaid to investors with requisite proof. The tribunal rejected the appellant's contention that Rs. 1.50 crores and other sums constituted refunds or legitimate investments, noting admissions under Section 50(2) of PMLA and inconsistent, self-created documentation. Payments totaling Rs. 2,12,76,710/- for doctors, equipment and utilities were not substantiated as repayments of the secured amounts. The AT also affirmed that property valuation must reflect value at execution/possession and, absent credible proof of a Rs.100 crore valuation, attachment limited to proceeds was appropriate. Appeal dismissed.
The AT dismissed the appeal and upheld the provisional attachment order, finding that Rs. 8 crores in the appellant's possession constituted proceeds of crime arising from a Ponzi-like scheme and were not repaid to investors with requisite proof. The tribunal rejected the appellant's contention that Rs. 1.50 crores and other sums constituted refunds or legitimate investments, noting admissions under Section 50(2) of PMLA and inconsistent, self-created documentation. Payments totaling Rs. 2,12,76,710/- for doctors, equipment and utilities were not substantiated as repayments of the secured amounts. The AT also affirmed that property valuation must reflect value at execution/possession and, absent credible proof of a Rs.100 crore valuation, attachment limited to proceeds was appropriate. Appeal dismissed.
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