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...
Sections 3, 5 and 8 of the PMLA must be read as an integrated scheme, and the offence of money laundering is capable of being continuing where concealment, possession, acquisition or use of property purchased from proceeds of a scheduled offence persists after the Act commenced; such continued activity sustains liability and permits provisional attachment. Treating the subject property (purchased with tainted funds) as 'proceeds of crime' is valid and does not render the statute impermissibly retrospective. The recorded reasoned belief for attachment need only be supported by material and was not shown to be baseless; attachment was upheld and the appeal allowed.
Sections 3, 5 and 8 of the PMLA must be read as an integrated scheme, and the offence of money laundering is capable of being continuing where concealment, possession, acquisition or use of property purchased from proceeds of a scheduled offence persists after the Act commenced; such continued activity sustains liability and permits provisional attachment. Treating the subject property (purchased with tainted funds) as 'proceeds of crime' is valid and does not render the statute impermissibly retrospective. The recorded reasoned belief for attachment need only be supported by material and was not shown to be baseless; attachment was upheld and the appeal allowed.
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