Pre-trial bail granted where custodial period, documentary prosecution, and magistrate-triable offence favor release subject to surety and no witness ...
Allowability of Salary Exemptions: Form 16 entries can substantiate HRA and other salary exemptions, and home loan interest is deductible for a self-o...
Capital gains exemption: payment for plot, architect fees and bona fide commencement of construction can satisfy utilisation requirement and secure re...
Immovable property mortgaged or assigned before commission of a...
Attachment of Pre Offence Mortgaged Property remains possible under PMLA; secured creditors may pursue statutory claim and seek auction with undertaking.
Contents
Summary
Note
Bookmark
Share
✓ Copied successfully !
Print
Print Options
For full text, please login
Login to TaxTMI
Verification Pending
The Email Id has not been verified. Click on the link we have sent on
Immovable property mortgaged or assigned before commission of a scheduled offence may be attached as the value of proceeds of crime under PMLA; prior mortgage or assignment does not automatically exempt property from ED attachment. Secured creditors retain procedural remedies within the PMLA regime: they may stake claims before the Special Judge under the PMLA claim procedure and may apply for pre-trial auction of mortgaged immovables on filing an affidavit/undertaking to deposit any excess realisation with the ED. Statutory recovery remedies (SARFAESI/RDB) do not displace PMLA attachment; creditors must seek relief through the prescribed PMLA process.
Immovable property mortgaged or assigned before commission of a scheduled offence may be attached as the value of proceeds of crime under PMLA; prior mortgage or assignment does not automatically exempt property from ED attachment. Secured creditors retain procedural remedies within the PMLA regime: they may stake claims before the Special Judge under the PMLA claim procedure and may apply for pre-trial auction of mortgaged immovables on filing an affidavit/undertaking to deposit any excess realisation with the ED. Statutory recovery remedies (SARFAESI/RDB) do not displace PMLA attachment; creditors must seek relief through the prescribed PMLA process.
Note: It is a system-generated summary and is for quick reference only.