International transaction characterisation of domestic divestment of support services business rejected; transaction between resident associated enter...
Minimum Import Price restrictions for Black Pepper, Areca-nuts and Apples upheld; procedural laying failure not fatal, notifications to be placed befo...
Transaction value between related persons requires market-equivalent pricing; importer must prove declared value mirrors ordinary international trade ...
Classification of exported insecticides under export tariff affirmed; reclassification and related penalties set aside and MEIS scrip jurisdiction rec...
HC, exercising revisional jurisdiction, upheld the orders refusing discharge of the petitioner in prosecutions under PMLA arising out of illegal mining, a scheduled offence. Interpreting Section 2(1)(u) PMLA, the Court held that "proceeds of crime" covers property derived directly or indirectly from criminal activity relatable to the scheduled offence. Applying the settled standard that, at the discharge stage, the court only examines whether there is ground for presuming commission of an offence and cannot conduct a mini-trial or rely on the defence case, HC found sufficient prima facie material from seized cash, banking trails and Section 50 statements. Both criminal revision petitions were dismissed, permitting framing of charges.
HC, exercising revisional jurisdiction, upheld the orders refusing discharge of the petitioner in prosecutions under PMLA arising out of illegal mining, a scheduled offence. Interpreting Section 2(1)(u) PMLA, the Court held that "proceeds of crime" covers property derived directly or indirectly from criminal activity relatable to the scheduled offence. Applying the settled standard that, at the discharge stage, the court only examines whether there is ground for presuming commission of an offence and cannot conduct a mini-trial or rely on the defence case, HC found sufficient prima facie material from seized cash, banking trails and Section 50 statements. Both criminal revision petitions were dismissed, permitting framing of charges.
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