Cash routed to non-existent firm deemed proceeds of crime; laundered funds and properties attachable, provisional attachments confirmed; two accounts ...
Continuation of Section 73 service-tax proceedings after provider's death (construing s.65(7)) - held to abate; posthumous OIO and recoveries invalida...
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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