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...
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The AT examined the attachment of properties under PMLA in a money laundering case. The tribunal held that properties can be attached even if mortgaged, as the appellants retain potential transfer rights. The ED's attachment was deemed valid since the original proceeds of crime were untraceable, and the attached properties represented equivalent value. The tribunal emphasized that PMLA's objective is to reach proceeds of crime regardless of nominal ownership. The court rejected arguments for property release or substitution, noting the fraud's quantum exceeded attached property values. Ultimately, the appellate tribunal dismissed the appeal, affirming the enforcement agency's attachment proceedings and maintaining the properties' status under PMLA's broad interpretative framework.
The AT examined the attachment of properties under PMLA in a money laundering case. The tribunal held that properties can be attached even if mortgaged, as the appellants retain potential transfer rights. The ED's attachment was deemed valid since the original proceeds of crime were untraceable, and the attached properties represented equivalent value. The tribunal emphasized that PMLA's objective is to reach proceeds of crime regardless of nominal ownership. The court rejected arguments for property release or substitution, noting the fraud's quantum exceeded attached property values. Ultimately, the appellate tribunal dismissed the appeal, affirming the enforcement agency's attachment proceedings and maintaining the properties' status under PMLA's broad interpretative framework.
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