Attachment and proclamation of sale of immovable property: limitation treated from financial year end; proclamation held within period, petition dismi...
Second Schedule attachment and validity of a post-notice mortgage: TRO cannot declare mortgage void ab initio; sale and appropriation allowed thereaft...
Limitation for final assessment under sections 144C and 153 treated jointly, resulting in quashing of timebarred assessment order and liberty to reviv...
Deductibility of settlement payments for securities law penalties and treatment of unexplained cash credits in share trading -- Tribunal upholds posit...
A non-bailable warrant under the Fugitive Economic Offenders Act remains a jurisdictional prerequisite where it has been issued to secure the accused's production before the Indian court; foreign arrest and bail do not exhaust the warrant if the person is still abroad and resisting return. The Court also held that the statutory monetary threshold for a scheduled offence must be crossed before proceedings under the Act can be sustained, and that the final assessment order quantifying undisclosed foreign income and assets well above that threshold validated the prima facie material. It further held that prosecution for wilful attempt to evade tax under the Black Money Act can proceed alongside assessment, and upheld the declaration of fugitive economic offender.
A non-bailable warrant under the Fugitive Economic Offenders Act remains a jurisdictional prerequisite where it has been issued to secure the accused's production before the Indian court; foreign arrest and bail do not exhaust the warrant if the person is still abroad and resisting return. The Court also held that the statutory monetary threshold for a scheduled offence must be crossed before proceedings under the Act can be sustained, and that the final assessment order quantifying undisclosed foreign income and assets well above that threshold validated the prima facie material. It further held that prosecution for wilful attempt to evade tax under the Black Money Act can proceed alongside assessment, and upheld the declaration of fugitive economic offender.
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