Reopening Assessments invalid where satisfaction and jurisdictional approval are absent for third party seized material, leading to quashing of assess...
Benami property exclusion from the insolvency estate: Benami Act proceedings preclude IBC tribunals from reopening attachments or treating such assets...
Exclusion of limitation period: pandemic suspension plus debtor acknowledgement can extend limitation, requiring fresh factfinding on guarantee invoca...
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Tribunal applied a three limb reading of the statutory definition of proceeds of crime, holding that where actual tainted property is not traceable, any other property of equivalent value may be provisionally attached as the "value of any such property", including property acquired prior to the scheduled offence; this preserves the statute's remedial aim and avoids rendering the second limb redundant. On the facts, transactional tracing and recorded statements supported that remittances to a corporate vehicle were used to acquire assets, so those receipts and assets qualified as proceeds of crime or their value. The Tribunal also confirmed that attachment may extend to persons not named in the predicate complaint when material shows involvement with proceeds.
Tribunal applied a three limb reading of the statutory definition of proceeds of crime, holding that where actual tainted property is not traceable, any other property of equivalent value may be provisionally attached as the "value of any such property", including property acquired prior to the scheduled offence; this preserves the statute's remedial aim and avoids rendering the second limb redundant. On the facts, transactional tracing and recorded statements supported that remittances to a corporate vehicle were used to acquire assets, so those receipts and assets qualified as proceeds of crime or their value. The Tribunal also confirmed that attachment may extend to persons not named in the predicate complaint when material shows involvement with proceeds.
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