Benami transaction and beneficial ownership: documentary and circumstantial evidence show payors were true beneficiaries, resulting in PBPTA consequen...
Denial of Preferential Treatment under SAFTA overturned where unchallenged Country of Origin certificate warranted exemption under Notification benefi...
Continuing offence of money-laundering: discharge set aside and proceedings reinstated where laundering continued after inclusion of predicate offence...
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The dominant issue was whether the provisional attachment could be sustained by treating the land purchases as benami transactions under section 2(9)(A) of the 1988 Act as amended in 2016, despite the acquisitions preceding the amendment and objections regarding "transfer/held" and notice. The tribunal found admissions that properties were purchased in the benamidar's name while consideration flowed from the alleged beneficial owner, and that the appellants failed to substantiate any asserted onward transfer arrangement. Holding that the statutory ingredients of section 2(9)(A) stood satisfied on facts and finding no basis to interfere, the appeals were dismissed and the attachment upheld - AT
The dominant issue was whether the provisional attachment could be sustained by treating the land purchases as benami transactions under section 2(9)(A) of the 1988 Act as amended in 2016, despite the acquisitions preceding the amendment and objections regarding "transfer/held" and notice. The tribunal found admissions that properties were purchased in the benamidar's name while consideration flowed from the alleged beneficial owner, and that the appellants failed to substantiate any asserted onward transfer arrangement. Holding that the statutory ingredients of section 2(9)(A) stood satisfied on facts and finding no basis to interfere, the appeals were dismissed and the attachment upheld - AT
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