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...
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Attachment of immovable property acquired before a scheduled offence may be treated as proceeds of crime or as property of equivalent value where actual proceeds are untraceable; the article explains that the definition of proceeds of crime includes direct proceeds and equivalent value property, and that prior acquisition does not preclude attachment when a connection or equivalence is shown. It emphasises the statutory onus on persons claiming interest to prove legitimate source (absence of loan documentation and admissions defeated the claim). It further states that exclusion of the Covid 19 period applies in computing the 180 day limit for confirmation, rendering the confirmation timely.
Attachment of immovable property acquired before a scheduled offence may be treated as proceeds of crime or as property of equivalent value where actual proceeds are untraceable; the article explains that the definition of proceeds of crime includes direct proceeds and equivalent value property, and that prior acquisition does not preclude attachment when a connection or equivalence is shown. It emphasises the statutory onus on persons claiming interest to prove legitimate source (absence of loan documentation and admissions defeated the claim). It further states that exclusion of the Covid 19 period applies in computing the 180 day limit for confirmation, rendering the confirmation timely.
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