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...
Contravention of foreign exchange rules in crossborder diamond payments; appellate tribunal reduces one appellant's penalty for delay and proportional...
Proceeds of crime tracing and attachment of property of equivalent value were upheld where the accused's son's illicit commission could not be traced to bank or loan records. Tribunal found no loan documentation or repayment evidence and accepted provisional attachment under the relevant confiscation regime; consequence: property purchased even before the offence may be provisionally attached if proceeds are not traceable. Burden of proof on claimants to establish bona fide source; custodial statements and prior case law were relied upon. The appeal against confirmation of provisional attachment is dismissed.
Proceeds of crime tracing and attachment of property of equivalent value were upheld where the accused's son's illicit commission could not be traced to bank or loan records. Tribunal found no loan documentation or repayment evidence and accepted provisional attachment under the relevant confiscation regime; consequence: property purchased even before the offence may be provisionally attached if proceeds are not traceable. Burden of proof on claimants to establish bona fide source; custodial statements and prior case law were relied upon. The appeal against confirmation of provisional attachment is dismissed.
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