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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Equivalent-value attachment under the PMLA was upheld because section 2(1)(u) includes not only property derived from criminal activity but also the value of such property, allowing attachment of untainted substitute assets when the proceeds of crime are not traceable. The Tribunal rejected the argument that such attachment is confined to assets held abroad and accepted that prior acquisition of the attached property is no bar if it represents equivalent value. It also found adequate statutory reason to believe, held that the burden shifted to the noticee to show the property was not proceeds of crime, and confirmed the attachment.
Equivalent-value attachment under the PMLA was upheld because section 2(1)(u) includes not only property derived from criminal activity but also the value of such property, allowing attachment of untainted substitute assets when the proceeds of crime are not traceable. The Tribunal rejected the argument that such attachment is confined to assets held abroad and accepted that prior acquisition of the attached property is no bar if it represents equivalent value. It also found adequate statutory reason to believe, held that the burden shifted to the noticee to show the property was not proceeds of crime, and confirmed the attachment.
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