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; the provisional attachment orders under PMLA s.5(1) are upheld. The Tribunal held provisos to s.5(1) must be read with the main provision and permits attachment of property as "value thereof" even when the second proviso is invoked. Because money laundering requires proceeds of crime, a property acquired pre-offence may nonetheless remain attached where prima facie material suggests layering by a relative; however, final determination awaits the complete predicate investigation. The Directorate's restrained approach in securing a single property was endorsed. The appellants failed to produce corroborative evidence to rebut the attachments; consequently the appeals are dismissed and the properties remain secured pending further proceedings.
The AT dismissed the appeals; the provisional attachment orders under PMLA s.5(1) are upheld. The Tribunal held provisos to s.5(1) must be read with the main provision and permits attachment of property as "value thereof" even when the second proviso is invoked. Because money laundering requires proceeds of crime, a property acquired pre-offence may nonetheless remain attached where prima facie material suggests layering by a relative; however, final determination awaits the complete predicate investigation. The Directorate's restrained approach in securing a single property was endorsed. The appellants failed to produce corroborative evidence to rebut the attachments; consequently the appeals are dismissed and the properties remain secured pending further proceedings.
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