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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At the discharge stage in a PMLA prosecution, the trial court is required only to sift the material to see whether a prima facie case exists, not to conduct a roving inquiry into the merits. The court's order was upheld because it had considered the FIR in the predicate offence, the ECIR, the accused's Section 50 statement, property documents and the evaluation report, and had noted compliance with the prescribed procedure. Reading the order as a whole, there was no non-application of mind or perversity warranting revisional interference. The question whether the assets constitute proceeds of crime was left open for trial, so the refusal to discharge was sustained.
At the discharge stage in a PMLA prosecution, the trial court is required only to sift the material to see whether a prima facie case exists, not to conduct a roving inquiry into the merits. The court's order was upheld because it had considered the FIR in the predicate offence, the ECIR, the accused's Section 50 statement, property documents and the evaluation report, and had noted compliance with the prescribed procedure. Reading the order as a whole, there was no non-application of mind or perversity warranting revisional interference. The question whether the assets constitute proceeds of crime was left open for trial, so the refusal to discharge was sustained.
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