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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HC, exercising revisional jurisdiction, upheld the orders refusing discharge of the petitioner in prosecutions under PMLA arising out of illegal mining, a scheduled offence. Interpreting Section 2(1)(u) PMLA, the Court held that "proceeds of crime" covers property derived directly or indirectly from criminal activity relatable to the scheduled offence. Applying the settled standard that, at the discharge stage, the court only examines whether there is ground for presuming commission of an offence and cannot conduct a mini-trial or rely on the defence case, HC found sufficient prima facie material from seized cash, banking trails and Section 50 statements. Both criminal revision petitions were dismissed, permitting framing of charges.
HC, exercising revisional jurisdiction, upheld the orders refusing discharge of the petitioner in prosecutions under PMLA arising out of illegal mining, a scheduled offence. Interpreting Section 2(1)(u) PMLA, the Court held that "proceeds of crime" covers property derived directly or indirectly from criminal activity relatable to the scheduled offence. Applying the settled standard that, at the discharge stage, the court only examines whether there is ground for presuming commission of an offence and cannot conduct a mini-trial or rely on the defence case, HC found sufficient prima facie material from seized cash, banking trails and Section 50 statements. Both criminal revision petitions were dismissed, permitting framing of charges.
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