Unlawful outward remittances via Hawala using proforma invoices and electronic records proved; documents admitted, directors penalised, penalties redu...
Attachment of equivalent-value properties as proceeds of crime upheld; preventive attachment order and confirmation sustained; no independent ED reinv...
Broker trading-system "technical glitch" redefinition and narrowed incident-reporting regime for large IBT/STWT brokers requiring 2-hr notice and 14-w...
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
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