Penalty for estimation of income and disallowances for tax non-deduction clarified: estimation-based penalties not sustainable; additions without conc...
Managerial remuneration disallowance under s.40A(2)(b) challenged over alleged tax-avoidance; appellate decision restored deletion of addition for dir...
Classification of imported goods as electronic cigarette versus tobacco product reversed for lack of proof; order set aside for jurisdictional overrea...
Provisional attachment of property under the PMLA was challenged on the ground that the predicate (scheduled offence) proceedings were not maintainable against certain persons and, therefore, the attached property ought to be released. It was held that where a principal accused in the scheduled offence remains neither quashed nor discharged/acquitted, property linked to the alleged proceeds of crime cannot be released on that basis and can continue to be attached while the predicate proceedings are pending. It was further held that attachment under the PMLA is not confined to persons named as accused in the scheduled offence and extends to any person involved in processes connected with proceeds of crime. The appeal was dismissed. - AT
Provisional attachment of property under the PMLA was challenged on the ground that the predicate (scheduled offence) proceedings were not maintainable against certain persons and, therefore, the attached property ought to be released. It was held that where a principal accused in the scheduled offence remains neither quashed nor discharged/acquitted, property linked to the alleged proceeds of crime cannot be released on that basis and can continue to be attached while the predicate proceedings are pending. It was further held that attachment under the PMLA is not confined to persons named as accused in the scheduled offence and extends to any person involved in processes connected with proceeds of crime. The appeal was dismissed. - AT
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