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...
Proceedings under the PMLA operate independently of scheduled-offence criminal proceedings, so provisional attachment may target persons not named in the FIR/ECIR where authorised officers possess material indicating possession or processing of proceeds of crime; absence of a named reference does not bar attachment. A preventive provisional attachment requires only 'reason to believe' and was sustained on prima facie material showing routing of demonetised currency, RTGS credits and layering/integration into bank accounts. Voluntary declaration or tax payment under PMGKY does not confer immunity from PMLA action; authorities may attach property of equivalent value where original proceeds are untraceable.
Proceedings under the PMLA operate independently of scheduled-offence criminal proceedings, so provisional attachment may target persons not named in the FIR/ECIR where authorised officers possess material indicating possession or processing of proceeds of crime; absence of a named reference does not bar attachment. A preventive provisional attachment requires only 'reason to believe' and was sustained on prima facie material showing routing of demonetised currency, RTGS credits and layering/integration into bank accounts. Voluntary declaration or tax payment under PMGKY does not confer immunity from PMLA action; authorities may attach property of equivalent value where original proceeds are untraceable.
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