Proceeds of crime: provisional attachment confirmed; equivalent value attachment and acquisition date fair market value upheld, Covid exclusion preser...
Effective service requirement: officers must explore alternative service modes beyond the GST portal and afford personal hearing; non-compliance voids...
Dominant issue: whether the provisional attachment under the Benami Transactions Act was supportable by evidence of a benami arrangement. The Tribunal held that the Initiating Officer bore the burden of proof and failed to adduce independent, admissible evidence (relying instead on Income-tax material and Section 131 statements) to pierce the corporate veil or show benefit passed to a beneficial owner; the target companies' own profitable business and assessed returns supported legitimate share allotment. Consequence: confirmation of the provisional attachment was rightly denied and the appeals dismissed. - AT
Dominant issue: whether the provisional attachment under the Benami Transactions Act was supportable by evidence of a benami arrangement. The Tribunal held that the Initiating Officer bore the burden of proof and failed to adduce independent, admissible evidence (relying instead on Income-tax material and Section 131 statements) to pierce the corporate veil or show benefit passed to a beneficial owner; the target companies' own profitable business and assessed returns supported legitimate share allotment. Consequence: confirmation of the provisional attachment was rightly denied and the appeals dismissed. - AT
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4821 
Join Channel 
