Scope of intermediary status for data hosting services: tribunal finds provider not intermediary, services exported and not taxable, limited remand on...
CENVAT credit availability after omission of Rule 12B in textiles confirmed; late addendum to SCN introducing new grounds held time-barred and invalid...
Export of Wheat Flour and related products subject to online allocation, eligibility criteria, non-transferable six-month authorisations and reporting...
Straight-line lease rental accounting change results in penalty quashed where disclosed accounts and bona fide arguable accounting interpretation exis...
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Attachment of mortgaged property under the PMLA was not invalid merely because a secured creditor held a prior charge. The Tribunal applied a harmonious construction between the PMLA and secured creditor regimes, holding that a prior mortgage does not by itself bar attachment, while the creditor's bona fide security interest is not extinguished and may be pursued in accordance with law, including before the Special Court. It also rejected the challenge that the property could not be attached because it pre-dated the alleged criminal activity, finding on the record that the relevant criminal conduct commenced before the property was acquired. The attachment was therefore sustained.
Attachment of mortgaged property under the PMLA was not invalid merely because a secured creditor held a prior charge. The Tribunal applied a harmonious construction between the PMLA and secured creditor regimes, holding that a prior mortgage does not by itself bar attachment, while the creditor's bona fide security interest is not extinguished and may be pursued in accordance with law, including before the Special Court. It also rejected the challenge that the property could not be attached because it pre-dated the alleged criminal activity, finding on the record that the relevant criminal conduct commenced before the property was acquired. The attachment was therefore sustained.
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