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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Where immovable property was transferred under a registered agreement to sell cum irrevocable power of attorney, with full consideration received and possession already handed over, the Tribunal treated the sale proceeds as linked to that land and not as a separate basis for retaining equivalent-value attachment of other assets. It held that the Enforcement Directorate could proceed against the land itself after due process and notice to the buyer, and that the attached movable property was to be released if the appellants furnished an undertaking disclaiming any claim over the land; otherwise, the attachment would continue. The separate provisional attachment of seized cash was unsustained because no independent justification was shown.
Where immovable property was transferred under a registered agreement to sell cum irrevocable power of attorney, with full consideration received and possession already handed over, the Tribunal treated the sale proceeds as linked to that land and not as a separate basis for retaining equivalent-value attachment of other assets. It held that the Enforcement Directorate could proceed against the land itself after due process and notice to the buyer, and that the attached movable property was to be released if the appellants furnished an undertaking disclaiming any claim over the land; otherwise, the attachment would continue. The separate provisional attachment of seized cash was unsustained because no independent justification was shown.
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