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...
HC held that denial of cross-examination did not vitiate the assessment where the proceedings under section 153C were founded on seized loose sheets recovered during search, not on the statement of the person whose cross-examination was sought. Applying Andaman Timber Industries, the Court found that the statement was only corroborative and was not used as the basis of the assessment or penalty. As the impugned orders rested on seized material and not on the disputed statement, no procedural irregularity or breach of natural justice was made out. The writ petitions were dismissed, with liberty to pursue the appellate remedy.
HC held that denial of cross-examination did not vitiate the assessment where the proceedings under section 153C were founded on seized loose sheets recovered during search, not on the statement of the person whose cross-examination was sought. Applying Andaman Timber Industries, the Court found that the statement was only corroborative and was not used as the basis of the assessment or penalty. As the impugned orders rested on seized material and not on the disputed statement, no procedural irregularity or breach of natural justice was made out. The writ petitions were dismissed, with liberty to pursue the appellate remedy.
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