Capital Gain Deductibility: proportionate IPO and PMS expenses held allowable against capital gains where netting and nexus to transfer are establishe...
Admissibility of Documentary Evidence: appellate authority may admit self explanatory documents on first production and uphold deletion of unexplained...
The Tribunal held that a school building constructed on leased land was liable to attachment because the material showed that an unlawful organisation had donated the funds used by the educational trust, and a substantial part of those tainted funds went into construction. The asset therefore bore the character of proceeds of crime. The trust not being declared unlawful, and the appellant not being an accused in the scheduled offence, did not prevent attachment when the property was created from tainted funds. The lease termination soon after provisional attachment was also treated as indicative of complicity. The attachment was sustained and the appeal was dismissed.
The Tribunal held that a school building constructed on leased land was liable to attachment because the material showed that an unlawful organisation had donated the funds used by the educational trust, and a substantial part of those tainted funds went into construction. The asset therefore bore the character of proceeds of crime. The trust not being declared unlawful, and the appellant not being an accused in the scheduled offence, did not prevent attachment when the property was created from tainted funds. The lease termination soon after provisional attachment was also treated as indicative of complicity. The attachment was sustained and the appeal was dismissed.
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