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 HC held that the provisional attachment order under Section 5(1)(b) of the PMLA, issued on 10 Nov 2021, cannot operate beyond 180 days; even after excluding COVID-period suspensions, the 180-day limit has elapsed. A stay obtained by a different party over certain properties does not extend the statutory 180-day period as to the petitioner's claimed properties. Consequently, the provisional attachment will no longer operate qua the properties in which the petitioner claimed interest, and those attachments are declared vacated/raised. The HC further noted that the ED has not completed proceedings under Section 8(3) of the PMLA to finalize attachment. Application disposed.
The HC held that the provisional attachment order under Section 5(1)(b) of the PMLA, issued on 10 Nov 2021, cannot operate beyond 180 days; even after excluding COVID-period suspensions, the 180-day limit has elapsed. A stay obtained by a different party over certain properties does not extend the statutory 180-day period as to the petitioner's claimed properties. Consequently, the provisional attachment will no longer operate qua the properties in which the petitioner claimed interest, and those attachments are declared vacated/raised. The HC further noted that the ED has not completed proceedings under Section 8(3) of the PMLA to finalize attachment. Application disposed.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4798
Join Channel
TaxTMI 
