seized property Archives

Delhi HC seized cash jewellery Income Tax Department

“Department Cannot Sit Over Seized Assets for 13 Years”; Delhi HC questions IT Department on Prolonged Retention of Cash and Jewellery

The Court expressed serious concern over the Income Tax Department’s failure to release seized cash and jewellery even after adjustment of the tax demand and completion of requisite formalities, observing that such prolonged inaction reflected red-tapism and high-handedness on the part of the authorities.

Case Briefs High Courts

Vehicle seized in NDPS case cannot be denied interim release merely because it may be confiscated later: J&K and Ladakh HC

The High Court holds that confiscation is a matter to be considered at the conclusion of trial and that, pending such determination, the court is empowered to grant interim custody of the seized vehicle under Section 497 BNSS.

Case Briefs Supreme Court

Uninformed HC directed return of seized rosewood logs and lorry already sold by State; Supreme Court remits matter back to HC

The Supreme Court regarded the same to be a lapse on part of the state for not apprising the High Court of the true and up-to-date facts at the time of final hearing and remitted the matter back to the High Court for being examined afresh.

Case Briefs Tribunals/Commissions/Regulatory Bodies

PMLA | Appeal challenging a show-cause notice passed by Adjudicating Authority, maintainable if any hardship is caused to party concerned

Appellate Tribunal for SAFEMA, FEMA, PMLA, NDPS & PBPT Act: Justice Manmohan Singh (Chairman), dismissed an appeal filed by a company challenging

Case Briefs Tribunals/Commissions/Regulatory Bodies

PMLA | Authorised officer under PMLA obligated to show that seized property has nexus with money laundering

Appellate Tribunal for SAFEMA, FEMA, PMLA, NDPS & PBPT Act: The Coram of Manmohan Singh, J. (Chairman) and G.C. Mishra (Member) allowed