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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Whether attachment under the PMLA could extend to properties held by corporate entities not arraigned as accused in the scheduled offence was the dominant issue. The forum found that the entities were shell companies with negligible capital, receiving crores through non-commercial infusions, and that the persons controlling them used tainted NRHM-related funds to acquire shareholding and properties, establishing an indirect nexus to proceeds of crime. Relying on the wide definition of "proceeds of crime" and the breadth of Section 5(1), it held attachment is not confined to named accused but applies to any person/entity involved in processes connected with such proceeds; the challenge failed and the appeals were dismissed. - AT
Whether attachment under the PMLA could extend to properties held by corporate entities not arraigned as accused in the scheduled offence was the dominant issue. The forum found that the entities were shell companies with negligible capital, receiving crores through non-commercial infusions, and that the persons controlling them used tainted NRHM-related funds to acquire shareholding and properties, establishing an indirect nexus to proceeds of crime. Relying on the wide definition of "proceeds of crime" and the breadth of Section 5(1), it held attachment is not confined to named accused but applies to any person/entity involved in processes connected with such proceeds; the challenge failed and the appeals were dismissed. - AT
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