Attachment and proclamation of sale of immovable property: limitation treated from financial year end; proclamation held within period, petition dismi...
Second Schedule attachment and validity of a post-notice mortgage: TRO cannot declare mortgage void ab initio; sale and appropriation allowed thereaft...
Limitation for final assessment under sections 144C and 153 treated jointly, resulting in quashing of timebarred assessment order and liberty to reviv...
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Properties representing "proceeds of crime" can be provisionally attached even when held by persons not named as accused in the FIR or charge-sheet, since PMLA aims to trace and secure proceeds in whosoever's possession; accordingly, the challenge on this ground was rejected. Properties acquired prior to the scheduled offence period are also attachable as "value thereof" under the second limb of the definition of "proceeds of crime"; hence, attachment of equivalent-value assets was upheld. Release was declined because PMLA does not require a direct nexus where attachment is based on indirect acquisition or "value thereof." Mortgaged assets were held attachable to prevent alienation; secured creditors may seek auction through the Special Judge with safeguards for surplus deposit. Appeal dismissed. - AT
Properties representing "proceeds of crime" can be provisionally attached even when held by persons not named as accused in the FIR or charge-sheet, since PMLA aims to trace and secure proceeds in whosoever's possession; accordingly, the challenge on this ground was rejected. Properties acquired prior to the scheduled offence period are also attachable as "value thereof" under the second limb of the definition of "proceeds of crime"; hence, attachment of equivalent-value assets was upheld. Release was declined because PMLA does not require a direct nexus where attachment is based on indirect acquisition or "value thereof." Mortgaged assets were held attachable to prevent alienation; secured creditors may seek auction through the Special Judge with safeguards for surplus deposit. Appeal dismissed. - AT
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