Development agreements require legal possession or effective enjoyment for capital gains transfer; permissive possession and deferred consideration de...
Prolonged sterilisation of development rights supports capital-gains treatment, while business-income disallowances cannot govern capital-gains comput...
Additional evidence in transfer pricing dispute leads to fresh examination, while tax deductions, TDS credit, fee and refund interest require verifica...
Category II AIF pass-through taxation preserves non-business income character; investment receipts cannot be reclassified without applying recognised ...
Mutual fund maturity rules require proper rollover, redemption, disclosure, and due diligence; investor gains cannot excuse regulatory breaches or pen...
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The HC dismissed the appeal and refused to interfere with the Single Judge's order upholding the Provisional Attachment Order under the PMLA, affirming that writ jurisdiction under Article 226 must be exercised sparingly where an alternative efficacious remedy exists and only upon proof of mala fides, patent arbitrariness, or lack of jurisdiction. The Court held a PAO is a provisional safeguard for future PMLA proceedings and non-compliance with the first proviso to s.5(1) is not per se fatal to attachment proceedings. The Court found the designated authority had cogent material to believe proceeds of crime were invested and limited attachment to properties acquired during 2009-2014; quashing was denied.
The HC dismissed the appeal and refused to interfere with the Single Judge's order upholding the Provisional Attachment Order under the PMLA, affirming that writ jurisdiction under Article 226 must be exercised sparingly where an alternative efficacious remedy exists and only upon proof of mala fides, patent arbitrariness, or lack of jurisdiction. The Court held a PAO is a provisional safeguard for future PMLA proceedings and non-compliance with the first proviso to s.5(1) is not per se fatal to attachment proceedings. The Court found the designated authority had cogent material to believe proceeds of crime were invested and limited attachment to properties acquired during 2009-2014; quashing was denied.
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