International transaction characterisation of domestic divestment of support services business rejected; transaction between resident associated enter...
Minimum Import Price restrictions for Black Pepper, Areca-nuts and Apples upheld; procedural laying failure not fatal, notifications to be placed befo...
Transaction value between related persons requires market-equivalent pricing; importer must prove declared value mirrors ordinary international trade ...
Classification of exported insecticides under export tariff affirmed; reclassification and related penalties set aside and MEIS scrip jurisdiction rec...
Misclassification between copra and dry coconut: customs recovery and re-valuation quashed for lack of prior licensing-authority invalidation, appeals...
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The Tribunal upheld provisional attachment under the PMLA, finding sufficient material to form a reason to believe that loan funds were misappropriated and converted into proceeds of crime; attempts to dissipate assets and multiple FIRs/charge sheets supported provisional measures. It held the appellant company was part of the same group as M/s Biotor Industries Ltd., with de facto control by former directors, so corporate formalities could not shield it from liability. Where proceeds were siphoned and could not be traced, the Tribunal applied the second limb of "proceeds of crime" to permit attachment of property of equivalent value; appeal dismissed.
The Tribunal upheld provisional attachment under the PMLA, finding sufficient material to form a reason to believe that loan funds were misappropriated and converted into proceeds of crime; attempts to dissipate assets and multiple FIRs/charge sheets supported provisional measures. It held the appellant company was part of the same group as M/s Biotor Industries Ltd., with de facto control by former directors, so corporate formalities could not shield it from liability. Where proceeds were siphoned and could not be traced, the Tribunal applied the second limb of "proceeds of crime" to permit attachment of property of equivalent value; appeal dismissed.
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