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...
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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