Attachment and proclamation of sale of immovable property: limitation treated from financial year end; proclamation held within period, petition dismi...
Second Schedule attachment and validity of a post-notice mortgage: TRO cannot declare mortgage void ab initio; sale and appropriation allowed thereaft...
Limitation for final assessment under sections 144C and 153 treated jointly, resulting in quashing of timebarred assessment order and liberty to reviv...
Deductibility of settlement payments for securities law penalties and treatment of unexplained cash credits in share trading -- Tribunal upholds posit...
Threshold for allottee-initiated insolvency petitions in leasehold real estate upheld; petition admitted after possession letters deemed legally ineff...
Contravention of foreign exchange rules in crossborder diamond payments; appellate tribunal reduces one appellant's penalty for delay and proportional...
The text explains that the power to freeze property under Section 17(1A) of PMLA may be exercised where investigative material (FIR/ECIR and related records) provides reasons to believe funds are proceeds of crime and the claimant fails to explain source; in such cases freezing is justified. Retention for adjudication under Section 20(4) is supportable where prima facie involvement in money laundering exists and continued retention does not cause prejudice. A pre-existing lien or bank guarantee does not, by itself, prevent seizure or freezing when investigation indicates the property is implicated.
The text explains that the power to freeze property under Section 17(1A) of PMLA may be exercised where investigative material (FIR/ECIR and related records) provides reasons to believe funds are proceeds of crime and the claimant fails to explain source; in such cases freezing is justified. Retention for adjudication under Section 20(4) is supportable where prima facie involvement in money laundering exists and continued retention does not cause prejudice. A pre-existing lien or bank guarantee does not, by itself, prevent seizure or freezing when investigation indicates the property is implicated.
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