Retrospective application of beneficial circulars upheld, binding officers and granting post adjudication relief where adjudication occurred after cir...
Admissibility of Investigation Statements requires witness examination before the adjudicating authority; otherwise statements cannot sustain a penalt...
Transaction value and connected person treatment in excise valuation: proprietary concerns not inter connected undertakings, relief on valuation and c...
Appointment of Registrars as adjudicating officers under Companies Act reallocates territorial jurisdiction and sets appeal route to Regional Director...
Composite supply of drilling services and site specific chemicals characterised as composite supply; prior advance rulings set aside, tax rate left op...
Cash can fall within the wide definition of property under the PBPT Act, and where funds are transferred through entities controlled by another person and later routed back, both the transfer and temporary holding may satisfy section 2(9)(A); the routed entities are treated as benamidars and the provider as beneficial owner. Disclosure in an income-tax return or payment of tax does not, by itself, bar PBPT proceedings because the Act operates alongside the Income-tax Act and serves a distinct confiscatory purpose. Where tax has already been paid on the routed amount, the attachable benami property may be reduced to that extent. In a running business, transformed assets such as stock and receivables may remain attachable as converted form of benami property.
Cash can fall within the wide definition of property under the PBPT Act, and where funds are transferred through entities controlled by another person and later routed back, both the transfer and temporary holding may satisfy section 2(9)(A); the routed entities are treated as benamidars and the provider as beneficial owner. Disclosure in an income-tax return or payment of tax does not, by itself, bar PBPT proceedings because the Act operates alongside the Income-tax Act and serves a distinct confiscatory purpose. Where tax has already been paid on the routed amount, the attachable benami property may be reduced to that extent. In a running business, transformed assets such as stock and receivables may remain attachable as converted form of benami property.
Note: It is a system-generated summary and is for quick reference only.
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