Straight-line lease rental accounting change results in penalty quashed where disclosed accounts and bona fide arguable accounting interpretation exis...
Allocation of enhanced FSI/TDR proceeds between cooperative society and individual flat-owners; tribunal deletes society LTCG addition, remits 80P ver...
Protection for official acts under Section 197 CrPC is not automatic; the decisive test is quality of the act and its nexus with duty, and absence of sanction is not determinative at the discharge stage. Under the PMLA the definition of "proceeds of crime" is deliberately wide, covering transformed property and equivalent value, and its existence is a jurisdictional fact whose resolution is evidentiary. The applicable threshold at Section 227 CrPC is a prima facie "grave suspicion" test: where the charge sheet discloses material alleging disproportionate assets and projection as proceeds of crime, discharge should be declined and the matter proceed to trial.
Protection for official acts under Section 197 CrPC is not automatic; the decisive test is quality of the act and its nexus with duty, and absence of sanction is not determinative at the discharge stage. Under the PMLA the definition of "proceeds of crime" is deliberately wide, covering transformed property and equivalent value, and its existence is a jurisdictional fact whose resolution is evidentiary. The applicable threshold at Section 227 CrPC is a prima facie "grave suspicion" test: where the charge sheet discloses material alleging disproportionate assets and projection as proceeds of crime, discharge should be declined and the matter proceed to trial.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4816 
Join Channel 
