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...
Page of 4814
Press 'Enter' after typing page number.
6541 to 6560 of 96262 Results
❮
❯
❯❯
0 / 200
Expand Note
Add to Folder
No Folders have been created
+
Are you sure you want to delete "My most important" ?
The note addresses attachment of property under the PMLA where a...
Money laundering property attachment and third-party encumbrance rights clarified; prior bona fide interests enforceable before confiscation, appeals dismissed
Contents
Summary
Note
Bookmark
Share
✓ Copied successfully !
Print
Print Options
For full text, please login
Login to TaxTMI
Verification Pending
The Email Id has not been verified. Click on the link we have sent on
The note addresses attachment of property under the PMLA where a bank asserted a prior bonafide encumbrance. It clarifies that a prior legitimate third-party interest permits enforcement of that interest ahead of PMLA attachment, with only the residue available for confiscation. It further clarifies jurisdiction: both the Appellate Tribunal and the Special Court may entertain claims by bonafide third parties, but once the confirming attachment order is final, confiscation ordered, or trial under the PMLA has commenced, adjudication of such third-party claims becomes the Special Courts domain. The appeals were dismissed.
The note addresses attachment of property under the PMLA where a bank asserted a prior bonafide encumbrance. It clarifies that a prior legitimate third-party interest permits enforcement of that interest ahead of PMLA attachment, with only the residue available for confiscation. It further clarifies jurisdiction: both the Appellate Tribunal and the Special Court may entertain claims by bonafide third parties, but once the confirming attachment order is final, confiscation ordered, or trial under the PMLA has commenced, adjudication of such third-party claims becomes the Special Courts domain. The appeals were dismissed.
Note: It is a system-generated summary and is for quick reference only.