Dependent Agent PE unresolved for lack of factual inquiry; arm's-length distribution accepted; royalty claim rejected; 15% refund interest (Section 24...
Exemption under s.10(23C)(iiiad) upheld; appeal allowed, interest and dividends excluded from annual receipts, disallowance deleted, capital gains exe...
The AT dismissed the appeal and upheld the impugned attachment order, holding that it is not the Tribunal's function to adjudicate civil title disputes and appellants cannot assert ownership before this forum while title remains sub judice in the competent civil court. The AT affirmed that attachment of equivalent property as "value" is a provisional, balancing measure to secure assets and preserve proceeds of crime for PMLA confiscation; mere prior acquisition does not preclude attachment. The Tribunal found no requirement of direct nexus where property is attached as value, rejected the contention of absent material for risk of concealment or frustration, and declined to interfere with the PAO.
The AT dismissed the appeal and upheld the impugned attachment order, holding that it is not the Tribunal's function to adjudicate civil title disputes and appellants cannot assert ownership before this forum while title remains sub judice in the competent civil court. The AT affirmed that attachment of equivalent property as "value" is a provisional, balancing measure to secure assets and preserve proceeds of crime for PMLA confiscation; mere prior acquisition does not preclude attachment. The Tribunal found no requirement of direct nexus where property is attached as value, rejected the contention of absent material for risk of concealment or frustration, and declined to interfere with the PAO.
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