Search Results for "provisional attachment order"

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Search Results for "provisional attachment order"

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Supreme Court

Supreme Court Dismisses Appeals by Liquidators Challenging Benami Act Attachment Orders, Upholds NCLAT Ruling that IBC Authorities Lack Jurisdiction to Entertain Challenges to Benami Act Orders During Insolvency Proceedings

24 Feb 2026

The Supreme Court dismissed a batch of civil appeals filed by liquidators challenging provisional attachment orders issued under the Prohibition of Be...

High Court

Bombay High Court Allows Writ Petitions Challenging Provisional Attachment of Bank Accounts Under Section 83 of CGST Act, 2017 — Orders of Attachment Quashed for Non-Compliance with Mandatory Conditions. The court held that provisional attachment requires pendency of proceedings under specified sections and formation of opinion by Commissioner with recorded reasons, and that the order disposing objections under Rule 159(5) is not appealable.

30 Jun 2023

The Bombay High Court dealt with three writ petitions challenging the provisional attachment of bank accounts under Section 83 of the Central Goods an...

High Court

Bombay High Court Quashes Provisional Attachment Order in GST Case for Non-Compliance with Section 83(1) MGST Act — Attachment Without Pending Proceeding or Prior Notice Invalid

31 Mar 2021

The petitioner, Praful Nanji Satra, a businessman who rented out commercial premises and paid GST on license fees, challenged a provisional attachment...

High Court

Bombay High Court at Goa Allows Appeals Against Attachment of Properties in Money Laundering Case — Holds That Provisional Attachment Order Must Be Based on Satisfaction That Properties Are Proceeds of Crime, Not Merely on Pendency of Scheduled Offence. The Court set aside the attachment of properties of Digambar Kamat and Churchill Alemao under Section 5 of PMLA for lack of material linking them to proceeds of crime.

30 Dec 2020

The case involves three appeals under the Prevention of Money Laundering Act, 2002 (PMLA) arising from a provisional attachment order dated 30th March...

High Court

Bombay High Court Quashes Provisional Attachment of Bank Account in GST Case — Attachment Without Show Cause Notice Violates Principles of Natural Justice. Section 83(1) of CGST Act, 2017 Requires Prior Notice and Opportunity of Hearing Before Attachment.

17 Jan 2020

The petitioner, Kaish Impex Private Limited, a company engaged in the export of perfumes and compound fragrance oil and registered under the Goods and...

High Court

Bombay High Court Quashes Provisional Attachment and Orders Stay of Recovery in Income Tax Case — Violation of Natural Justice and Non-Compliance with CBDT Circular. The Assessing Officer's failure to record reasons and provide hearing under Section 281B, and ignoring CBDT Circular on stay of demand, led to setting aside of attachment and recovery proceedings.

26 Mar 2019

The Petitioner, Milestone Real Estate Fund, a trust, challenged the provisional attachment order dated 18.12.2018 under Section 281B of the Income Tax...

High Court

Bombay High Court Dismisses Appeals Against Arbitral Awards in HPCL LPG Cylinder Supply Disputes — No Patent Illegality Found in Arbitrator's Interpretation of Contractual Terms. The court upheld the Single Judge's dismissal of objections under Section 34 of the Arbitration and Conciliation Act, 1996, as the arbitrator's view was plausible and not patently illegal.

16 Mar 2019

The judgment involves a batch of appeals filed under Section 37 of the Arbitration and Conciliation Act, 1996, challenging orders passed by a Single J...

High Court

Bombay High Court Allows Petitions Challenging Attachment Orders Under PMLA — Enforcement Directorate's Provisional Attachment Orders Set Aside for Lack of Proper Service and Non-Compliance with Section 5(1) of PMLA

6 Nov 2017

The judgment concerns six criminal writ petitions filed by various individuals and companies challenging provisional attachment orders passed by the D...

High Court

Bombay High Court Quashes Provisional Attachment Order and Show Cause Notice Under PMLA for Lack of Reasons. Show Cause Notice Under Section 8(1) of Prevention of Money Laundering Act, 2002 Must Contain Reasons for Belief of Offence Under Section 3 or Possession of Proceeds of Crime.

20 Jun 2014

The petitioner, Brizo Reality Company Pvt. Ltd., filed a writ petition before the Bombay High Court seeking to quash a provisional attachment order da...

High Court

Bombay High Court Restricts Provisional Attachment to Disputed Amount in MVAT Act Case — Section 48(5) Constitutional Challenge Rejected. Court holds that attachment under Section 35 must be proportionate, and directs respondents to limit attachment to Rs.1.81 crores.

30 Apr 2012

The petitioner, M/s. Premium Paper and Board Industries Ltd., a registered dealer under the Maharashtra Value Added Tax Act, 2002 (MVAT Act) and the C...

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