Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
Provisional attachment under the PMLA was upheld where transactional records, cash deposits and transfers linked the property acquisition to diversion of investor funds; the Tribunal found no satisfactory documentary explanation that funds were legitimate and rejected claims that the property pre-dated the predicate offence. The burden to prove legitimate source was not discharged given the husband's implicated role and lack of credible proof for alleged family payments or gold sale. Applying the statutory definition of value as fair market value at acquisition (or possession), the Tribunal concluded the valuation did not exceed proceeds of crime and confirmed the attachment.
Provisional attachment under the PMLA was upheld where transactional records, cash deposits and transfers linked the property acquisition to diversion of investor funds; the Tribunal found no satisfactory documentary explanation that funds were legitimate and rejected claims that the property pre-dated the predicate offence. The burden to prove legitimate source was not discharged given the husband's implicated role and lack of credible proof for alleged family payments or gold sale. Applying the statutory definition of value as fair market value at acquisition (or possession), the Tribunal concluded the valuation did not exceed proceeds of crime and confirmed the attachment.
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