2023 (5) TMI 659

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.....Advocate alongwith Mr. Madhav Khurana, Ms. Stuti Gujral, Ms. Trisha Mittal, Ms. Shaurya Singh & Mr. Harsh Yadav, Advocates. For the Respondent: Mr. Zoheb Hossain & Mr. Vivek Gurnani, Advocates. JUDGMENT SANJEEV SACHDEVA, J. (ORAL) CM APPL. 23891/2023 (Exemption) Exemption allowed, subject to all just exception. MISC. APPEAL (PMLA) 5/2023 & CM APPL. 23892/2023(stay) 1. Appellant impugns ord....

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....ed by the impugned order dated 08.05.2023. 4. Learned senior counsel appearing for the appellant submit that two major issues arise with regard to the impugned order, i.e.,: (i) The Appellate Tribunal has erroneously returned a finding that the valuation of the assets to be attached has to be the valuation as on the date of acquisition or possession of the assets and not the fair market value o....

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....h the issue before the Appellate Tribunal was with regard to the request of the appellant to examine/cross-examine the officers of the authority, finding has been returned with regard to the date of the valuation of the asset, i.e., as to whether it is the market value or the acquisition value. 9. He submits that said issue had not arisen for consideration at this stage before either the Adjudica....

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....ty shall permit the appellant to address arguments and rely upon the material that has already been placed before it by the appellant before forming an opinion with regard to passing of the final order in terms of Section 8 of the Act. 11. The appeal is accordingly dismissed as withdrawn, however with the above directions. 12. It is clarified that this Court has neither considered nor commented ....