Unlawful outward remittances via Hawala using proforma invoices and electronic records proved; documents admitted, directors penalised, penalties redu...
Attachment of equivalent-value properties as proceeds of crime upheld; preventive attachment order and confirmation sustained; no independent ED reinv...
Broker trading-system "technical glitch" redefinition and narrowed incident-reporting regime for large IBT/STWT brokers requiring 2-hr notice and 14-w...
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The Tribunal upheld provisional attachment of property under Section 24(4)(b)(i), holding that the provision permits protective attachment with prior approval and does not require an additional pre-attachment show-cause notice where no prior attachment exists under Section 24(3). It also accepted the department's case that routed funds, accommodation entries, bogus security premium, capital, loans and income heads disclosed a benami arrangement through layered transactions, and rejected the view that connected beneficial ownership defeated the charge. Acquittal or discharge in criminal proceedings was held not determinative in benami proceedings, which apply a different standard. The impugned adjudication was set aside as perverse and contradictory, and the appeals were allowed.
The Tribunal upheld provisional attachment of property under Section 24(4)(b)(i), holding that the provision permits protective attachment with prior approval and does not require an additional pre-attachment show-cause notice where no prior attachment exists under Section 24(3). It also accepted the department's case that routed funds, accommodation entries, bogus security premium, capital, loans and income heads disclosed a benami arrangement through layered transactions, and rejected the view that connected beneficial ownership defeated the charge. Acquittal or discharge in criminal proceedings was held not determinative in benami proceedings, which apply a different standard. The impugned adjudication was set aside as perverse and contradictory, and the appeals were allowed.
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