Condonation of Delay: Tribunal directed condonation where rectification proceedings were pursued, ordering merits adjudication after opportunity to be...
Restriction of Input Tax Credit under Rule 86A applies only to fraudulently or ineligible availed credit; mere wrongful recipient availment is insuffi...
Challenge to seizure and retention of cash during search was considered on three dominant issues: whether a predicate offence for money laundering existed, whether reasons to believe and relied documents were furnished, and whether recorded admissions and bank/cash ledgers substantiated source of funds. The Tribunal concluded that the FIRs and investigations disclosed offences underpinning a predicate offence, that the reasons to believe and relied documents were served to the appellants, and that the appellants' explanations failed in view of withdrawal patterns, ledger entries, bank records described as licence receipts and recorded admissions; accordingly seizure and retention were upheld pending trial.
Challenge to seizure and retention of cash during search was considered on three dominant issues: whether a predicate offence for money laundering existed, whether reasons to believe and relied documents were furnished, and whether recorded admissions and bank/cash ledgers substantiated source of funds. The Tribunal concluded that the FIRs and investigations disclosed offences underpinning a predicate offence, that the reasons to believe and relied documents were served to the appellants, and that the appellants' explanations failed in view of withdrawal patterns, ledger entries, bank records described as licence receipts and recorded admissions; accordingly seizure and retention were upheld pending trial.
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