Refund claim dismissed as time-barred under s.142(5); non-obstante clause read restrictively, merits not decided, self-assessment payments not mere de...
HC held that the Appellate Tribunal under PMLA, by virtue of S.26(4), possesses wide appellate jurisdiction, including the inherent power to remand matters to the Adjudicating Authority after setting aside an order of confirmation of provisional attachment under S.8. The Tribunal's interference in the present case was based on breach of principles of natural justice, as the notice lacked communication of "reasons to believe," thereby vitiating the confirmation order but not the underlying proceedings. HC clarified that remand merely restores proceedings to the stage before confirmation and does not invalidate the provisional attachment by efflux of time. Finding no statutory bar or jurisdictional error, HC dismissed the appeals as devoid of merit.
HC held that the Appellate Tribunal under PMLA, by virtue of S.26(4), possesses wide appellate jurisdiction, including the inherent power to remand matters to the Adjudicating Authority after setting aside an order of confirmation of provisional attachment under S.8. The Tribunal's interference in the present case was based on breach of principles of natural justice, as the notice lacked communication of "reasons to believe," thereby vitiating the confirmation order but not the underlying proceedings. HC clarified that remand merely restores proceedings to the stage before confirmation and does not invalidate the provisional attachment by efflux of time. Finding no statutory bar or jurisdictional error, HC dismissed the appeals as devoid of merit.
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