Imported menthol-scented sweet supari classification dispute: seizure quashed, release for home consumption subject to duty bond; bank guarantee refus...
CKD/SKD air-conditioner components classifiable with finished units by essential character; prior advance ruling extended three years, FTA benefits po...
Scope of judicial review under Article 226: supervisory, not appellate; factual reappraisal barred, challenge dismissed; insolvency professional dutie...
The Tribunal explained that "proceeds of crime" under Section 2(1)(u) can extend to property of equivalent value where the actual tainted property is not traceable, applying a three-limb reading of the definition and supporting authority. It held that provisional attachment may therefore be sustained on equivalent-value property if a prima facie nexus with the scheduled offence exists. The appellants' claim that a subcontractor was responsible for the forged invoices was rejected because contractual responsibility remained with the appellants and the asserted transfers were not proved by reliable records. The Tribunal also found that the contractual deduction for non-deposit of drums did not undermine the attachment, and it rejected the challenge that the adjudication order was merely a template order.
The Tribunal explained that "proceeds of crime" under Section 2(1)(u) can extend to property of equivalent value where the actual tainted property is not traceable, applying a three-limb reading of the definition and supporting authority. It held that provisional attachment may therefore be sustained on equivalent-value property if a prima facie nexus with the scheduled offence exists. The appellants' claim that a subcontractor was responsible for the forged invoices was rejected because contractual responsibility remained with the appellants and the asserted transfers were not proved by reliable records. The Tribunal also found that the contractual deduction for non-deposit of drums did not undermine the attachment, and it rejected the challenge that the adjudication order was merely a template order.
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