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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Property standing in the name of a non-accused person can be attached under money-laundering law if material shows involvement with proceeds of crime, and the burden then shifts to the holder to rebut that link. The Tribunal found substantial transfers from an identified account into the appellant's accounts, rejected the claim that they were unsupported loans, and held that the appellant failed to prove the funds were untainted. It also held that property lawfully acquired earlier is not protected where tainted funds are later infused into it, because proceeds of crime include indirectly derived property. The provisional attachment was sustained because the authority had a rational basis to form reason to believe from investigation material.
Property standing in the name of a non-accused person can be attached under money-laundering law if material shows involvement with proceeds of crime, and the burden then shifts to the holder to rebut that link. The Tribunal found substantial transfers from an identified account into the appellant's accounts, rejected the claim that they were unsupported loans, and held that the appellant failed to prove the funds were untainted. It also held that property lawfully acquired earlier is not protected where tainted funds are later infused into it, because proceeds of crime include indirectly derived property. The provisional attachment was sustained because the authority had a rational basis to form reason to believe from investigation material.
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