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...
Deductibility of settlement payments for securities law penalties and treatment of unexplained cash credits in share trading -- Tribunal upholds posit...
Threshold for allottee-initiated insolvency petitions in leasehold real estate upheld; petition admitted after possession letters deemed legally ineff...
The principal issue was whether provisional attachment of corporate properties was lawful as proceeds of crime were allegedly injected into the company via purchase of share warrants, subsequent conversion to equity, and loans routed through NBFCs controlled by the accused. The tribunal relied on detailed factual money-trail in the original complaint identifying extensive related entities and payments (including an additional payment of Rs. 39.75 crores) and found loans, even if repaid, originated from tainted funds; consequently the attachment was lawful and the appeals were dismissed. - AT
The principal issue was whether provisional attachment of corporate properties was lawful as proceeds of crime were allegedly injected into the company via purchase of share warrants, subsequent conversion to equity, and loans routed through NBFCs controlled by the accused. The tribunal relied on detailed factual money-trail in the original complaint identifying extensive related entities and payments (including an additional payment of Rs. 39.75 crores) and found loans, even if repaid, originated from tainted funds; consequently the attachment was lawful and the appeals were dismissed. - AT
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