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...
The Tribunal held that retention and continued freezing of immovable and movable properties could not rest on a non-speaking order that merely reproduced pleadings and recorded only prima facie observations. After considering the reply, hearing the parties and the material on record, the Adjudicating Authority had to independently determine whether any property was involved in money-laundering under section 8. Mere pendency of investigation was insufficient. The Tribunal also noted that the presumption under section 24(a) applies only after foundational facts are established and must remain rebuttable. The impugned order was set aside and the matter remanded for fresh de novo adjudication, with status quo to continue.
The Tribunal held that retention and continued freezing of immovable and movable properties could not rest on a non-speaking order that merely reproduced pleadings and recorded only prima facie observations. After considering the reply, hearing the parties and the material on record, the Adjudicating Authority had to independently determine whether any property was involved in money-laundering under section 8. Mere pendency of investigation was insufficient. The Tribunal also noted that the presumption under section 24(a) applies only after foundational facts are established and must remain rebuttable. The impugned order was set aside and the matter remanded for fresh de novo adjudication, with status quo to continue.
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