Settlement application eligibility requires a pending assessment when filed, preventing an extra prior-eligibility condition from blocking considerati...
Reassessment for unreturned property sales survives where transfer information, non-filing, and unsupported exemption claims establish a prima facie l...
Profit-element taxation limits additions for unaccounted flat-sale receipts and grey-market purchases, while reliable search records support partial a...
PMLA safeguards for search, seizure and retention require recorded reasons to believe, founded on material in possession, that seized property is prima facie connected with proceeds of crime and needed for adjudication. Suspicion or unsubstantiated allegations do not satisfy these requirements, and a retention order cannot be justified later through new grounds in a counter-affidavit. Persons asserting ownership of seized property must receive independent notice and a meaningful opportunity to be heard. Non-compliance with these statutory and natural-justice requirements rendered the retention order unsustainable; it was set aside, while the investigation could continue in accordance with law. Availability of a statutory appeal did not bar writ review of alleged jurisdictional, mandatory-procedure and natural-justice violations.
PMLA safeguards for search, seizure and retention require recorded reasons to believe, founded on material in possession, that seized property is prima facie connected with proceeds of crime and needed for adjudication. Suspicion or unsubstantiated allegations do not satisfy these requirements, and a retention order cannot be justified later through new grounds in a counter-affidavit. Persons asserting ownership of seized property must receive independent notice and a meaningful opportunity to be heard. Non-compliance with these statutory and natural-justice requirements rendered the retention order unsustainable; it was set aside, while the investigation could continue in accordance with law. Availability of a statutory appeal did not bar writ review of alleged jurisdictional, mandatory-procedure and natural-justice violations.
Note: It is a system-generated summary and is for quick reference only.