Online bond platforms may offer overseas-regulated products and tax-specific bonds subject to disclosures, compliance safeguards and revised complianc...
Corporate guarantee valuation permits actual ascertainable commission while barring retroactive application and extended-period penalties for bona fid...
Proper-officer jurisdiction under UPGST penalty provisions upheld; participation on merits prevents bypassing the statutory appellate remedy through w...
Transitioned CENVAT credit may validly satisfy mandatory pre-deposit requirements for legacy service tax appeals through Electronic Credit Ledger debi...
Building-plan sanction charges require statutory authority; unauthorised fees and GST were quashed, while labour cess must follow prescribed collectio...
Pure-agent exclusion fails where hotel booking facilitators receive third-party services themselves, making entire customer consideration taxable as r...
HC held that the Appellate Tribunal had erroneously set aside the adjudication order by treating absence of a "prosecution complaint" against Respondent A as decisive, although such a contention was never raised and a supplementary complaint had in fact been filed. HC clarified that, under s.17 PMLA, a valid search and seizure does not require that the premises belong to a person already arraigned as an accused; it is sufficient that the authorised officer has "reason to believe" that proceeds of crime or related records are located there, and that the statutory preconditions are met. Finding that these conditions were satisfied and that the Tribunal misdirected itself in law, HC set aside the impugned order dated 21.05.2019 and remanded the appeal to the Appellate Tribunal for fresh adjudication after hearing both sides.
HC held that the Appellate Tribunal had erroneously set aside the adjudication order by treating absence of a "prosecution complaint" against Respondent A as decisive, although such a contention was never raised and a supplementary complaint had in fact been filed. HC clarified that, under s.17 PMLA, a valid search and seizure does not require that the premises belong to a person already arraigned as an accused; it is sufficient that the authorised officer has "reason to believe" that proceeds of crime or related records are located there, and that the statutory preconditions are met. Finding that these conditions were satisfied and that the Tribunal misdirected itself in law, HC set aside the impugned order dated 21.05.2019 and remanded the appeal to the Appellate Tribunal for fresh adjudication after hearing both sides.
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