Maintainability of a Section 7 insolvency petition against a financial service provider denied; appeal dismissed for non maintainability and complex d...
Provisional attachment under Prevention of Money Laundering Act requires exhaustion of statutory remedies; impugned order set aside, appeal to tribuna...
Restoration of property under Prevention of Money Laundering Act after attachment dispute rendered academic; possession directed to successful resolut...
After insertion of Article 226(2), territorial jurisdiction extends to a High Court where part of the cause of action arises. Because the amalgamated petitioner was at Pune, the recovery notice was received there, the consequences of the impugned demands operated there, and the case had been transferred under Section 127 to the Pune officer, the writ petition was maintainable in Bombay; the Delhi officer was functus officio and effective relief could be granted only in Pune. On merits, the Revenue failed to produce any assessment, rectification, intimation, or service record supporting the demands, so an adverse inference arose and recovery of the non-existent demands was impermissible. The demands, recovery notice, and computation sheets were quashed.
After insertion of Article 226(2), territorial jurisdiction extends to a High Court where part of the cause of action arises. Because the amalgamated petitioner was at Pune, the recovery notice was received there, the consequences of the impugned demands operated there, and the case had been transferred under Section 127 to the Pune officer, the writ petition was maintainable in Bombay; the Delhi officer was functus officio and effective relief could be granted only in Pune. On merits, the Revenue failed to produce any assessment, rectification, intimation, or service record supporting the demands, so an adverse inference arose and recovery of the non-existent demands was impermissible. The demands, recovery notice, and computation sheets were quashed.
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