Statutory transfer formalities invalidated alleged share and property transfers, while retrospective record manipulation constituted oppression and mi...
Provisional attachment of laundered funds and equivalent-value property sustained, with statutory protection limited to pension, gratuity and providen...
Insolvency moratorium does not shield company officers from cheque dishonour prosecution for liability arising before corporate insolvency proceedings...
Advance-ruling mechanism governs pending GST classification, exemption and taxability disputes, limiting writ review once the specialised forum functi...
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At the attachment stage under PMLA, the Tribunal applied preponderance of probabilities and held that bank trail material, statements of the persons concerned, the cash book and RTGS/NEFT records were sufficient to show receipt of proceeds of crime by the appellant; minor discrepancies in the cash figures did not destroy the evidentiary value, and final culpability was left to the pending prosecution complaint. It also held that property acquired before the crime period remained liable to equivalent value attachment where direct proceeds were no longer available, since no bar flows from the definition of proceeds of crime. Attachment was treated as a protective measure, and the appeal was dismissed.
At the attachment stage under PMLA, the Tribunal applied preponderance of probabilities and held that bank trail material, statements of the persons concerned, the cash book and RTGS/NEFT records were sufficient to show receipt of proceeds of crime by the appellant; minor discrepancies in the cash figures did not destroy the evidentiary value, and final culpability was left to the pending prosecution complaint. It also held that property acquired before the crime period remained liable to equivalent value attachment where direct proceeds were no longer available, since no bar flows from the definition of proceeds of crime. Attachment was treated as a protective measure, and the appeal was dismissed.
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