Reopening Assessments invalid where satisfaction and jurisdictional approval are absent for third party seized material, leading to quashing of assess...
Benami property exclusion from the insolvency estate: Benami Act proceedings preclude IBC tribunals from reopening attachments or treating such assets...
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The Appellate Tribunal stated that its earlier common final order directing release of the attached properties and refund of the detained amount had already been upheld in challenge, and on that basis the appellants were entitled to possession of the properties. It further held that an order under the PMLA is executable as a civil court decree and may be transmitted under section 35(4) to the civil court having local jurisdiction for execution. As the properties were situated within the jurisdiction of the District and Sessions Court, Raigad-Alibag, the Tribunal directed transmission of the order and original record to that court for execution, while keeping the remaining execution issues pending.
The Appellate Tribunal stated that its earlier common final order directing release of the attached properties and refund of the detained amount had already been upheld in challenge, and on that basis the appellants were entitled to possession of the properties. It further held that an order under the PMLA is executable as a civil court decree and may be transmitted under section 35(4) to the civil court having local jurisdiction for execution. As the properties were situated within the jurisdiction of the District and Sessions Court, Raigad-Alibag, the Tribunal directed transmission of the order and original record to that court for execution, while keeping the remaining execution issues pending.
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