Denial of Preferential Treatment under SAFTA overturned where unchallenged Country of Origin certificate warranted exemption under Notification benefi...
Continuing offence of money-laundering: discharge set aside and proceedings reinstated where laundering continued after inclusion of predicate offence...
Income-tax search material can be relied on in benami proceedings absent any statutory bar, and the fact that the material originated in tax proceedings does not require a separate independent enquiry as a precondition to benami adjudication. The Tribunal held that routed accommodation entries, supported by connected statements and corroborating electronic records, established a benami transaction; retraction alone did not displace those statements where no satisfactory basis for retraction was shown. It also held that income-tax assessment and benami adjudication operate in distinct fields, so tax treatment of undisclosed income does not preclude a parallel benami finding. The provisional attachment was therefore sustained and the appeals were dismissed.
Income-tax search material can be relied on in benami proceedings absent any statutory bar, and the fact that the material originated in tax proceedings does not require a separate independent enquiry as a precondition to benami adjudication. The Tribunal held that routed accommodation entries, supported by connected statements and corroborating electronic records, established a benami transaction; retraction alone did not displace those statements where no satisfactory basis for retraction was shown. It also held that income-tax assessment and benami adjudication operate in distinct fields, so tax treatment of undisclosed income does not preclude a parallel benami finding. The provisional attachment was therefore sustained and the appeals were dismissed.
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