Condonation of Delay: Tribunal directed condonation where rectification proceedings were pursued, ordering merits adjudication after opportunity to be...
Restriction of Input Tax Credit under Rule 86A applies only to fraudulently or ineligible availed credit; mere wrongful recipient availment is insuffi...
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At the discharge and charge-framing stage under the PMLA, the court reiterated that the enquiry is limited to whether the prosecution material, taken at face value, raises prima facie grave suspicion; the accused's defence and disputed explanations are not to be weighed at that stage. On the record, the court found sufficient material showing alleged bribery-linked layering, concealment and projection of proceeds as untainted property, so the refusal to discharge and framing of charge were upheld. Statements recorded under Section 50 PMLA were treated as admissible and capable of corroborating documentary evidence. The Special Court at Ranchi was also held to have territorial jurisdiction because the scheduled offence and alleged conspiracy were connected with Ranchi, and no patent illegality justified revisional interference.
At the discharge and charge-framing stage under the PMLA, the court reiterated that the enquiry is limited to whether the prosecution material, taken at face value, raises prima facie grave suspicion; the accused's defence and disputed explanations are not to be weighed at that stage. On the record, the court found sufficient material showing alleged bribery-linked layering, concealment and projection of proceeds as untainted property, so the refusal to discharge and framing of charge were upheld. Statements recorded under Section 50 PMLA were treated as admissible and capable of corroborating documentary evidence. The Special Court at Ranchi was also held to have territorial jurisdiction because the scheduled offence and alleged conspiracy were connected with Ranchi, and no patent illegality justified revisional interference.
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