Condonation of Delay: Tribunal directed condonation where rectification proceedings were pursued, ordering merits adjudication after opportunity to be...
Restriction of Input Tax Credit under Rule 86A applies only to fraudulently or ineligible availed credit; mere wrongful recipient availment is insuffi...
Provisional attachment under the 2002 Act can extend to persons not named as accused in the FIR or chargesheet if the property is linked to proceeds of crime and the person is shown as a recipient or holder of such proceeds. The Tribunal rejected the challenge based solely on non-inclusion in the predicate offence. It also held that the appellants failed to prove the lawful source of more than Rs. 10 crore remitted through banking channels and used for property purchases, and that contemporaneous SMS and purchase records supported the money-trail. The plea that some properties were acquired before the murder did not defeat equivalent value attachment, and the attachment was upheld.
Provisional attachment under the 2002 Act can extend to persons not named as accused in the FIR or chargesheet if the property is linked to proceeds of crime and the person is shown as a recipient or holder of such proceeds. The Tribunal rejected the challenge based solely on non-inclusion in the predicate offence. It also held that the appellants failed to prove the lawful source of more than Rs. 10 crore remitted through banking channels and used for property purchases, and that contemporaneous SMS and purchase records supported the money-trail. The plea that some properties were acquired before the murder did not defeat equivalent value attachment, and the attachment was upheld.
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