Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
Specified fund definition expands PAN exemption eligibility for registered alternative investment funds and qualifying International Financial Service...
Tax exemption for specified legal-services authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and...
Amounts transferred before the period in which the scheduled crime was committed do not constitute proceeds of crime merely because the underlying transaction later failed. The transfer for proposed purchase of commercial premises preceded the identified diversion of homebuyers' funds and therefore represented a potential civil or commercial claim, not criminal proceeds. Attachment of property of equivalent value is permissible only where proceeds of crime are unavailable and receipt or diversion of those proceeds by the concerned person is established. Enforcement proceedings cannot be used to recover an unrelated pre-crime-period business debt. The provisional attachment was therefore treated as unsustainable, without preventing lawful recovery through civil or other appropriate proceedings.
Amounts transferred before the period in which the scheduled crime was committed do not constitute proceeds of crime merely because the underlying transaction later failed. The transfer for proposed purchase of commercial premises preceded the identified diversion of homebuyers' funds and therefore represented a potential civil or commercial claim, not criminal proceeds. Attachment of property of equivalent value is permissible only where proceeds of crime are unavailable and receipt or diversion of those proceeds by the concerned person is established. Enforcement proceedings cannot be used to recover an unrelated pre-crime-period business debt. The provisional attachment was therefore treated as unsustainable, without preventing lawful recovery through civil or other appropriate proceedings.
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