Deductibility for charitable donations affirmed where payments to approved relief funds, even if CSR-driven, qualify under the donation deduction sche...
Mis-declaration in import descriptions must be deliberate to justify confiscation; withheld contemporaneous import documents invalidate value redeterm...
Liability for EPCG export shortfall: duty and interest sustained, but confiscation and penalties quashed where no fraud and causes beyond importer con...
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The note addresses the scope of provisional attachment and confiscation under the PMLA, holding that property need not be held by an accused to be attachable if it is derived from or represents proceeds of crime; mere possession, joint or individual, suffices as a triggering circumstance. It explains the procedural burden under the notice regime to prove legitimate source under Section 8(1) is judged on the civil standard of preponderance of probabilities, and that documentary admissions and related convictions can sustain attachment where the person served fails to discharge that onus. The operative effect is continued provisional attachment where legitimate source is not demonstrated.
The note addresses the scope of provisional attachment and confiscation under the PMLA, holding that property need not be held by an accused to be attachable if it is derived from or represents proceeds of crime; mere possession, joint or individual, suffices as a triggering circumstance. It explains the procedural burden under the notice regime to prove legitimate source under Section 8(1) is judged on the civil standard of preponderance of probabilities, and that documentary admissions and related convictions can sustain attachment where the person served fails to discharge that onus. The operative effect is continued provisional attachment where legitimate source is not demonstrated.
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