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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PMLA's concept of proceeds of crime requires that property be derived directly or indirectly from a scheduled offence and thus be traceable to that offence; consequently a scheduled offence and related proceeds are prerequisite for prosecution for money laundering, although a person not party to the scheduled offence may still commit the substantive money laundering offence by assisting concealment or use of proceeds. At the bail stage courts undertake only a prima facie assessment on broad probabilities; where the prosecution's aggregated transaction figures do not prima facie establish a nexus to the accused and disclosure to the predicate agency was made, bail was granted.
PMLA's concept of proceeds of crime requires that property be derived directly or indirectly from a scheduled offence and thus be traceable to that offence; consequently a scheduled offence and related proceeds are prerequisite for prosecution for money laundering, although a person not party to the scheduled offence may still commit the substantive money laundering offence by assisting concealment or use of proceeds. At the bail stage courts undertake only a prima facie assessment on broad probabilities; where the prosecution's aggregated transaction figures do not prima facie establish a nexus to the accused and disclosure to the predicate agency was made, bail was granted.
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