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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Proceeds of crime tracing and attachment of property of equivalent value were upheld where the accused's son's illicit commission could not be traced to bank or loan records. Tribunal found no loan documentation or repayment evidence and accepted provisional attachment under the relevant confiscation regime; consequence: property purchased even before the offence may be provisionally attached if proceeds are not traceable. Burden of proof on claimants to establish bona fide source; custodial statements and prior case law were relied upon. The appeal against confirmation of provisional attachment is dismissed.
Proceeds of crime tracing and attachment of property of equivalent value were upheld where the accused's son's illicit commission could not be traced to bank or loan records. Tribunal found no loan documentation or repayment evidence and accepted provisional attachment under the relevant confiscation regime; consequence: property purchased even before the offence may be provisionally attached if proceeds are not traceable. Burden of proof on claimants to establish bona fide source; custodial statements and prior case law were relied upon. The appeal against confirmation of provisional attachment is dismissed.
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