Religious purpose exclusion versus charitable purpose: non overriding religious objects do not attract Explanation 3, registration directed under sect...
Search-assessment proviso jurisdiction, time-barred valuation reports, and denial of cross-examination vitiate valuation-based and confession-based ad...
Proceeds of crime: provisional attachment confirmed; equivalent value attachment and acquisition date fair market value upheld, Covid exclusion preser...
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A single-member Bench of the PMLA Adjudicating Authority was held valid because the Chairperson may constitute one- or two-member Benches for adjudication, and such composition is directory rather than jurisdictional; the coram non judice objection failed. The limitation challenge to retention of seized material was rejected because the COVID-19 exclusion period had to be omitted and no prejudice or miscarriage of justice was shown. For confirmation of provisional attachment, the Court applied the prima facie satisfaction standard, not proof beyond reasonable doubt, and found sufficient material indicating the properties were involved in money laundering as proceeds of crime. All three writ petitions were dismissed.
A single-member Bench of the PMLA Adjudicating Authority was held valid because the Chairperson may constitute one- or two-member Benches for adjudication, and such composition is directory rather than jurisdictional; the coram non judice objection failed. The limitation challenge to retention of seized material was rejected because the COVID-19 exclusion period had to be omitted and no prejudice or miscarriage of justice was shown. For confirmation of provisional attachment, the Court applied the prima facie satisfaction standard, not proof beyond reasonable doubt, and found sufficient material indicating the properties were involved in money laundering as proceeds of crime. All three writ petitions were dismissed.
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