Maintainability of a Section 7 insolvency petition against a financial service provider denied; appeal dismissed for non maintainability and complex d...
Provisional attachment under Prevention of Money Laundering Act requires exhaustion of statutory remedies; impugned order set aside, appeal to tribuna...
Restoration of property under Prevention of Money Laundering Act after attachment dispute rendered academic; possession directed to successful resolut...
Sanction for reassessment beyond three years must be granted by the authority specified in section 151(ii) as it stood prior to the 01.04.2023 amendment; approval by a Principal Commissioner not so empowered rendered the sanction invalid. Relying on binding jurisdictional precedent, the article explains that the proviso inserted w.e.f. 01.04.2023 cannot be applied retrospectively, and consequently notices issued under section 148, orders under section 148A(d) and all consequential reassessment proceedings lacked valid sanction and were quashed. The Tribunal therefore did not address the substantive additions.
Sanction for reassessment beyond three years must be granted by the authority specified in section 151(ii) as it stood prior to the 01.04.2023 amendment; approval by a Principal Commissioner not so empowered rendered the sanction invalid. Relying on binding jurisdictional precedent, the article explains that the proviso inserted w.e.f. 01.04.2023 cannot be applied retrospectively, and consequently notices issued under section 148, orders under section 148A(d) and all consequential reassessment proceedings lacked valid sanction and were quashed. The Tribunal therefore did not address the substantive additions.
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