Imported menthol-scented sweet supari classification dispute: seizure quashed, release for home consumption subject to duty bond; bank guarantee refus...
CKD/SKD air-conditioner components classifiable with finished units by essential character; prior advance ruling extended three years, FTA benefits po...
Scope of judicial review under Article 226: supervisory, not appellate; factual reappraisal barred, challenge dismissed; insolvency professional dutie...
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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