Clubbing of income from gifted property failed where the claim surfaced after reassessment limitation, sustaining capital-gains assessment in spouse's...
Employee stock-option discount qualifies as revenue expenditure, while royalty and service comparables require reliable functional and transactional b...
Under the PMLA, property equivalent in value to unavailable proceeds of crime may be attached without a direct nexus to the offence where receipt and expenditure of tainted cash are admitted; statements recorded under Section 50 may support that conclusion if unretracted and corroborated. Holders, including non-accused persons, bear the burden of proving a legitimate source of acquisition; income-tax returns or unsupported claims do not discharge it, although capital-account withdrawals must be considered. Provisional attachment also requires a reasoned apprehension of concealment, transfer or dealing that could frustrate confiscation; property already in investigative custody or subject to a bank mortgage may not satisfy that condition. Recorded reasons and consideration of objections support a valid attachment process.
Under the PMLA, property equivalent in value to unavailable proceeds of crime may be attached without a direct nexus to the offence where receipt and expenditure of tainted cash are admitted; statements recorded under Section 50 may support that conclusion if unretracted and corroborated. Holders, including non-accused persons, bear the burden of proving a legitimate source of acquisition; income-tax returns or unsupported claims do not discharge it, although capital-account withdrawals must be considered. Provisional attachment also requires a reasoned apprehension of concealment, transfer or dealing that could frustrate confiscation; property already in investigative custody or subject to a bank mortgage may not satisfy that condition. Recorded reasons and consideration of objections support a valid attachment process.
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