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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The Tribunal upheld provisional attachment under the PMLA, finding sufficient material to form a reason to believe that loan funds were misappropriated and converted into proceeds of crime; attempts to dissipate assets and multiple FIRs/charge sheets supported provisional measures. It held the appellant company was part of the same group as M/s Biotor Industries Ltd., with de facto control by former directors, so corporate formalities could not shield it from liability. Where proceeds were siphoned and could not be traced, the Tribunal applied the second limb of "proceeds of crime" to permit attachment of property of equivalent value; appeal dismissed.
The Tribunal upheld provisional attachment under the PMLA, finding sufficient material to form a reason to believe that loan funds were misappropriated and converted into proceeds of crime; attempts to dissipate assets and multiple FIRs/charge sheets supported provisional measures. It held the appellant company was part of the same group as M/s Biotor Industries Ltd., with de facto control by former directors, so corporate formalities could not shield it from liability. Where proceeds were siphoned and could not be traced, the Tribunal applied the second limb of "proceeds of crime" to permit attachment of property of equivalent value; appeal dismissed.
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