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    <title>2024 (12) TMI 291 - APPELLATE TRIBUNAL UNDER SAFEMA AT NEW DELHI</title>
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    <description>A provisional attachment under the PMLA could not be maintained where its foundation rested on allegations that had already been finally negatived in earlier criminal proceedings, and the later FIR did not supply the same factual basis. The Tribunal noted that the allegations about auction, reserve price valuation, and tender irregularities had been examined in prior proceedings, with the cognizance order set aside and that view affirmed in writ proceedings. Because those issues had attained finality, they could not be reopened to justify attachment. It also found that the later FIR concerned different and broader cooperative society issues, so the impugned order lacked a sustainable factual basis. The attachment and its confirmation were therefore set aside.</description>
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    <pubDate>Wed, 27 Nov 2024 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=762711</link>
      <description>A provisional attachment under the PMLA could not be maintained where its foundation rested on allegations that had already been finally negatived in earlier criminal proceedings, and the later FIR did not supply the same factual basis. The Tribunal noted that the allegations about auction, reserve price valuation, and tender irregularities had been examined in prior proceedings, with the cognizance order set aside and that view affirmed in writ proceedings. Because those issues had attained finality, they could not be reopened to justify attachment. It also found that the later FIR concerned different and broader cooperative society issues, so the impugned order lacked a sustainable factual basis. The attachment and its confirmation were therefore set aside.</description>
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      <pubDate>Wed, 27 Nov 2024 00:00:00 +0530</pubDate>
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