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...
Whether the appellant was a "recipient of proceeds of crime" so as to justify provisional attachment was decided against the enforcement agency. Salary credited to the appellant was held not to constitute proceeds of crime because her appointment order and other documentary records substantiated genuine employment, and uncorroborated oral assertions could not override such documents; hence attachment on that basis failed. Alleged receipt of large sums from a company was rejected since documentary material and bank records supported the appellant's explanation that the funds were returned on cancellation of a villa booking; hence that allegation failed. Amounts received as advance forfeiture were supported by the agreement and income-tax return evidencing tax payment, negating proceeds-of-crime characterization; therefore the provisional attachment and its confirmation were set aside and the appeal was allowed - AT
Whether the appellant was a "recipient of proceeds of crime" so as to justify provisional attachment was decided against the enforcement agency. Salary credited to the appellant was held not to constitute proceeds of crime because her appointment order and other documentary records substantiated genuine employment, and uncorroborated oral assertions could not override such documents; hence attachment on that basis failed. Alleged receipt of large sums from a company was rejected since documentary material and bank records supported the appellant's explanation that the funds were returned on cancellation of a villa booking; hence that allegation failed. Amounts received as advance forfeiture were supported by the agreement and income-tax return evidencing tax payment, negating proceeds-of-crime characterization; therefore the provisional attachment and its confirmation were set aside and the appeal was allowed - AT
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