Commercial vehicle depreciation, scientifically determined warranty provisions and exempt-income disallowances were resolved in favour of the taxpayer...
Inherited property sale proceeds require capital-gains treatment where ownership is supported by evidence, not suspicion or unverified signature doubt...
Cross-examination of retracted statements is essential where foundational evidence supports a benami allegation and documented funding explanations re...
Capital-goods exemption covers plant-modernisation accessories, while the import restriction applies only to earlier capital-goods components and spar...
Constitutional judicial review permits challenges to ECIRs and connected money-laundering proceedings where coercive action affects fundamental intere...
The High Court considered a case involving a challenge to an attachment order by the Enforcement Directorate under the Prevention of Money Laundering Act. The proceedings stemmed from a crime registered by the Lokayukta for an offence under the Prevention of Corruption Act against the husband and wife. The court noted that the predicate offence under the Prevention of Corruption Act was closed for the wife in 2016 and for the petitioner in 2023. The Lokayukta challenged these proceedings in the Apex Court, which held that if the predicate offence is nullified by a competent court, the PMLA proceedings would also cease. Consequently, the High Court quashed the order by the Adjudicating Authority under the PMLA, allowing the petition.
The High Court considered a case involving a challenge to an attachment order by the Enforcement Directorate under the Prevention of Money Laundering Act. The proceedings stemmed from a crime registered by the Lokayukta for an offence under the Prevention of Corruption Act against the husband and wife. The court noted that the predicate offence under the Prevention of Corruption Act was closed for the wife in 2016 and for the petitioner in 2023. The Lokayukta challenged these proceedings in the Apex Court, which held that if the predicate offence is nullified by a competent court, the PMLA proceedings would also cease. Consequently, the High Court quashed the order by the Adjudicating Authority under the PMLA, allowing the petition.
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