Religious purpose exclusion versus charitable purpose: non overriding religious objects do not attract Explanation 3, registration directed under sect...
Search-assessment proviso jurisdiction, time-barred valuation reports, and denial of cross-examination vitiate valuation-based and confession-based ad...
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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