Search and seizure: abatement of earlier search bars use of prior seized material in later search-based assessments; relief limited to new documents f...
Admission of additional evidence under remand rules must await a meaningful remand report; failure to do so breaches natural justice and mandates rema...
Export Obligation Discharge Certificates for EPCG compliance cannot be questioned by Customs unless DGFT adjudicates and cancels them, so demands quas...
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The dominant issue was whether a secured creditor's hypothecation interest in a vehicle could be protected despite provisional attachment under PMLA when the asset was partly funded by unexplained funds. Applying the principle that attachment statutes and creditor-protection provisions must be harmoniously construed to secure both alleged proceeds of crime and bona fide lending interests, the tribunal held that the loan-funded portion was supported by the bank's finance, but the balance paid from an account with unexplained deposits could not be treated as untainted. The bank's claim was held capable of protection under s.8(8) PMLA subject to good faith and reasonable precautions, and the bank was granted liberty to seek appropriate relief before the Special Court. - AT
The dominant issue was whether a secured creditor's hypothecation interest in a vehicle could be protected despite provisional attachment under PMLA when the asset was partly funded by unexplained funds. Applying the principle that attachment statutes and creditor-protection provisions must be harmoniously construed to secure both alleged proceeds of crime and bona fide lending interests, the tribunal held that the loan-funded portion was supported by the bank's finance, but the balance paid from an account with unexplained deposits could not be treated as untainted. The bank's claim was held capable of protection under s.8(8) PMLA subject to good faith and reasonable precautions, and the bank was granted liberty to seek appropriate relief before the Special Court. - AT
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