Retrospective application of beneficial circulars upheld, binding officers and granting post adjudication relief where adjudication occurred after cir...
Admissibility of Investigation Statements requires witness examination before the adjudicating authority; otherwise statements cannot sustain a penalt...
Transaction value and connected person treatment in excise valuation: proprietary concerns not inter connected undertakings, relief on valuation and c...
Appointment of Registrars as adjudicating officers under Companies Act reallocates territorial jurisdiction and sets appeal route to Regional Director...
Composite supply of drilling services and site specific chemicals characterised as composite supply; prior advance rulings set aside, tax rate left op...
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The dominant issue was whether the petitioner's arrest for money-laundering violated the safeguards under Section 19(1)-(2) of the PMLA, including whether "reasons to believe" and the grounds of arrest were illusory and whether arrest could rest on non-cooperation or a predicate-offence investigation. The Court held that arrest under Section 19 is not a tool for investigation; it requires an independent PMLA investigation and recorded written reasons reflecting prima facie satisfaction of guilt, with due consideration of exculpatory material. On the facts, the Court found Section 19 compliance by the arresting officer and declined release on that ground, leaving merits-bail open to be considered independently. - HC
The dominant issue was whether the petitioner's arrest for money-laundering violated the safeguards under Section 19(1)-(2) of the PMLA, including whether "reasons to believe" and the grounds of arrest were illusory and whether arrest could rest on non-cooperation or a predicate-offence investigation. The Court held that arrest under Section 19 is not a tool for investigation; it requires an independent PMLA investigation and recorded written reasons reflecting prima facie satisfaction of guilt, with due consideration of exculpatory material. On the facts, the Court found Section 19 compliance by the arresting officer and declined release on that ground, leaving merits-bail open to be considered independently. - HC
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