Working-capital adjustment determines whether software-services transfer-pricing margins fall within the statutory tolerance range, eliminating any ad...
Permanent establishment deductions upheld for expatriate salaries, direct costs and trading losses, while head-office costs require fresh classificati...
Data transmission equipment classification under CTSH 8517 62 remains distinct from residual classification, with exemption evidence requiring scrutin...
The Tribunal held that retention and continued freezing of immovable and movable properties could not rest on a non-speaking order that merely reproduced pleadings and recorded only prima facie observations. After considering the reply, hearing the parties and the material on record, the Adjudicating Authority had to independently determine whether any property was involved in money-laundering under section 8. Mere pendency of investigation was insufficient. The Tribunal also noted that the presumption under section 24(a) applies only after foundational facts are established and must remain rebuttable. The impugned order was set aside and the matter remanded for fresh de novo adjudication, with status quo to continue.
The Tribunal held that retention and continued freezing of immovable and movable properties could not rest on a non-speaking order that merely reproduced pleadings and recorded only prima facie observations. After considering the reply, hearing the parties and the material on record, the Adjudicating Authority had to independently determine whether any property was involved in money-laundering under section 8. Mere pendency of investigation was insufficient. The Tribunal also noted that the presumption under section 24(a) applies only after foundational facts are established and must remain rebuttable. The impugned order was set aside and the matter remanded for fresh de novo adjudication, with status quo to continue.
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