Development agreements require legal possession or effective enjoyment for capital gains transfer; permissive possession and deferred consideration de...
Prolonged sterilisation of development rights supports capital-gains treatment, while business-income disallowances cannot govern capital-gains comput...
Additional evidence in transfer pricing dispute leads to fresh examination, while tax deductions, TDS credit, fee and refund interest require verifica...
Category II AIF pass-through taxation preserves non-business income character; investment receipts cannot be reclassified without applying recognised ...
A single-member Bench of the PMLA Adjudicating Authority was held valid because the Chairperson may constitute one- or two-member Benches for adjudication, and such composition is directory rather than jurisdictional; the coram non judice objection failed. The limitation challenge to retention of seized material was rejected because the COVID-19 exclusion period had to be omitted and no prejudice or miscarriage of justice was shown. For confirmation of provisional attachment, the Court applied the prima facie satisfaction standard, not proof beyond reasonable doubt, and found sufficient material indicating the properties were involved in money laundering as proceeds of crime. All three writ petitions were dismissed.
A single-member Bench of the PMLA Adjudicating Authority was held valid because the Chairperson may constitute one- or two-member Benches for adjudication, and such composition is directory rather than jurisdictional; the coram non judice objection failed. The limitation challenge to retention of seized material was rejected because the COVID-19 exclusion period had to be omitted and no prejudice or miscarriage of justice was shown. For confirmation of provisional attachment, the Court applied the prima facie satisfaction standard, not proof beyond reasonable doubt, and found sufficient material indicating the properties were involved in money laundering as proceeds of crime. All three writ petitions were dismissed.
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