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 HC refused bail to the petitioner, upholding the validity of the arrest under the PMLA. The court found the arresting officer had recorded grounds of arrest and reasons to believe based on material collected, and judicial review could not probe sufficiency of that subjective satisfaction. Although compliance with s.19(2) was delayed, immediate delivery of the grounds to the petitioner enabled the court to verify that material pre-existed the arrest, distinguishing this case from precedents invalidating detention for delayed transmission. Given ongoing complex economic investigations, the evidentiary burden under s.24 and the petitioner's alleged suppression of facts, propensity to influence witnesses and risk of tampering, the twin conditions in s.45 were not satisfied and bail was denied.
The HC refused bail to the petitioner, upholding the validity of the arrest under the PMLA. The court found the arresting officer had recorded grounds of arrest and reasons to believe based on material collected, and judicial review could not probe sufficiency of that subjective satisfaction. Although compliance with s.19(2) was delayed, immediate delivery of the grounds to the petitioner enabled the court to verify that material pre-existed the arrest, distinguishing this case from precedents invalidating detention for delayed transmission. Given ongoing complex economic investigations, the evidentiary burden under s.24 and the petitioner's alleged suppression of facts, propensity to influence witnesses and risk of tampering, the twin conditions in s.45 were not satisfied and bail was denied.
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