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 ...
Mutual fund maturity rules require proper rollover, redemption, disclosure, and due diligence; investor gains cannot excuse regulatory breaches or pen...
Threshold exemption excludes exempt services, while stamp-paper purchases avoid reverse charge; consequential service tax penalties were also set asid...
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Custodial statements recorded under Section 50 PMLA were treated as unreliable against the applicants because they were self-incriminatory statements recorded after arrest by the same investigating agency. The Court also found that the ED had not prima facie established the foundational facts needed to connect the alleged transactions with identifiable proceeds of crime or the predicate offence, making the Section 23 and 24 presumptions inapplicable at the bail stage. Selective arrest and prolonged pre-trial incarceration exceeding two years, with no realistic trial timeline, further weighed against continued detention. On these grounds, the Court held that the applicants satisfied the twin bail conditions under Section 45 PMLA and granted regular bail.
Custodial statements recorded under Section 50 PMLA were treated as unreliable against the applicants because they were self-incriminatory statements recorded after arrest by the same investigating agency. The Court also found that the ED had not prima facie established the foundational facts needed to connect the alleged transactions with identifiable proceeds of crime or the predicate offence, making the Section 23 and 24 presumptions inapplicable at the bail stage. Selective arrest and prolonged pre-trial incarceration exceeding two years, with no realistic trial timeline, further weighed against continued detention. On these grounds, the Court held that the applicants satisfied the twin bail conditions under Section 45 PMLA and granted regular bail.
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