Classification of imported salvaged shaft pieces as ship parts confirmed, reassessment time-barred and appeal allowed restoring original classificatio...
Scope of intermediary status for data hosting services: tribunal finds provider not intermediary, services exported and not taxable, limited remand on...
CENVAT credit availability after omission of Rule 12B in textiles confirmed; late addendum to SCN introducing new grounds held time-barred and invalid...
Export of Wheat Flour and related products subject to online allocation, eligibility criteria, non-transferable six-month authorisations and reporting...
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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