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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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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