Reopening Assessments invalid where satisfaction and jurisdictional approval are absent for third party seized material, leading to quashing of assess...
Benami property exclusion from the insolvency estate: Benami Act proceedings preclude IBC tribunals from reopening attachments or treating such assets...
Provisional attachment of properties was upheld on the material and recorded admissions showing appellants promoted and collected deposits for illicit schemes and acquired property from those proceeds; the Adjudicating Authority's confirmation therefore required no interference. The tribunal accepted that remuneration, salary or commission earned by persons acting as instruments to procure funds for unlicensed fraudulent schemes constitutes proceeds of crime and may be attached. Properties held by spouses or other recipients were also subject to provisional attachment where evidence showed acquisition from the proceeds and recipients could not demonstrate independent sources. The appeals against confirmation of attachment were dismissed.
Provisional attachment of properties was upheld on the material and recorded admissions showing appellants promoted and collected deposits for illicit schemes and acquired property from those proceeds; the Adjudicating Authority's confirmation therefore required no interference. The tribunal accepted that remuneration, salary or commission earned by persons acting as instruments to procure funds for unlicensed fraudulent schemes constitutes proceeds of crime and may be attached. Properties held by spouses or other recipients were also subject to provisional attachment where evidence showed acquisition from the proceeds and recipients could not demonstrate independent sources. The appeals against confirmation of attachment were dismissed.
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