Reopening of assessment cannot rest solely on an audit party's opinion; reassessment under Section 147/148 is impermissible and power of revision shou...
Tested party selection: functional analysis identified the least complex unit as the appropriate tested party, altering the transfer pricing adjustmen...
Prosecution materials disclosed a prima facie case of money-laundering where Section 50 PMLA statements, seized diaries, cash recovery and related records indicated collection and distribution of tender commission through the petitioner's associates and personal secretary. The Court held that Section 50 statements are admissible and can form reliable material at the discharge stage, that money-laundering is an independent offence, and that the petitioner need not be named in the scheduled offence if the material shows involvement with proceeds of crime. It also rejected the plea of want of previous sanction, holding that the alleged acts were not part of official duty. The discharge refusal and charge framing were upheld.
Prosecution materials disclosed a prima facie case of money-laundering where Section 50 PMLA statements, seized diaries, cash recovery and related records indicated collection and distribution of tender commission through the petitioner's associates and personal secretary. The Court held that Section 50 statements are admissible and can form reliable material at the discharge stage, that money-laundering is an independent offence, and that the petitioner need not be named in the scheduled offence if the material shows involvement with proceeds of crime. It also rejected the plea of want of previous sanction, holding that the alleged acts were not part of official duty. The discharge refusal and charge framing were upheld.
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