Tax determination against deceased proprietor invalid where no notice to legal representative; appeal rejected without addressing jurisdictional defec...
Revocation of GST registration and permission to file blocked returns; conditional defreezing of bank accounts after security and instalment applicati...
Right to access seized electronic evidence: impugned adjudication treated as additional show cause notice, remand for fresh hearing and return of mate...
Revisability of return invalidation communications under tax procedure affirmed, impugned non revisional finding quashed and matter remitted for fresh...
Protection for official acts under Section 197 CrPC is not automatic; the decisive test is quality of the act and its nexus with duty, and absence of sanction is not determinative at the discharge stage. Under the PMLA the definition of "proceeds of crime" is deliberately wide, covering transformed property and equivalent value, and its existence is a jurisdictional fact whose resolution is evidentiary. The applicable threshold at Section 227 CrPC is a prima facie "grave suspicion" test: where the charge sheet discloses material alleging disproportionate assets and projection as proceeds of crime, discharge should be declined and the matter proceed to trial.
Protection for official acts under Section 197 CrPC is not automatic; the decisive test is quality of the act and its nexus with duty, and absence of sanction is not determinative at the discharge stage. Under the PMLA the definition of "proceeds of crime" is deliberately wide, covering transformed property and equivalent value, and its existence is a jurisdictional fact whose resolution is evidentiary. The applicable threshold at Section 227 CrPC is a prima facie "grave suspicion" test: where the charge sheet discloses material alleging disproportionate assets and projection as proceeds of crime, discharge should be declined and the matter proceed to trial.
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