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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Provisional attachment under the PMLA was upheld because the controlling requirement is material showing possession of proceeds of crime linked to a scheduled offence, and the provision is not limited to persons named in the predicate case. The Court accepted that reasons to believe may be based on circumstantial material, including financial patterns, seized documents and Section 50 statements, and held that the burden under Section 24 shifted once the attached property was shown to be involved in money laundering. It also held that proceeds of crime includes value equivalent assets, so properties acquired before the offence period may be attached if the original tainted assets are unavailable. The challenge to the single-member coram was rejected.
Provisional attachment under the PMLA was upheld because the controlling requirement is material showing possession of proceeds of crime linked to a scheduled offence, and the provision is not limited to persons named in the predicate case. The Court accepted that reasons to believe may be based on circumstantial material, including financial patterns, seized documents and Section 50 statements, and held that the burden under Section 24 shifted once the attached property was shown to be involved in money laundering. It also held that proceeds of crime includes value equivalent assets, so properties acquired before the offence period may be attached if the original tainted assets are unavailable. The challenge to the single-member coram was rejected.
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