Search Results for "Provisional attachment"

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Search Results for "Provisional attachment"

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High Court

Bombay High Court Quashes Provisional Attachment Order in GST Case — Attachment of Escrow Account Held Invalid as Petitioner Was Not the Tax-Defaulting Assessee. Section 83 of CGST Act, 2017 does not permit provisional attachment of property of a third party who is not a noticee or assessee under the Act.

9 Feb 2021

The petitioners, Abhi Engineering Corporation Pvt. Ltd. and another, filed a writ petition under Article 226 of the Constitution of India challenging ...

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 Dismisses Petition Challenging Provisional Attachment Order Under PMLA — Upholds Validity of Section 5(1) Attachment Without Prior Show Cause Notice. Court holds that provisional attachment under Section 5(1) of PMLA is an interim measure and does not require prior hearing, as the Act provides for post-decisional hearing under Section 8.

24 Nov 2025

The petitioners, Mr. Naresh T. Jain and two companies, challenged a provisional attachment order dated 30th September 2021 passed by the Director of E...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging PMLA Provisional Attachment Order — Petitioner Failed to Establish Prima Facie Case for Interim Relief. Court Held That Attachment of Proceeds of Crime Under Section 5 of PMLA Does Not Require Prior Adjudication and Petitioner's Claim of Innocent Ownership Requires Evidence at Adjudication Stage.

2 Jun 2026

The petitioner, Smt. Jayamma, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the provisional attachment ord...

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 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 Quashes Provisional Attachment and Stay Rejection in Income Tax Case — Violation of Natural Justice and CBDT Circular. Petitioner's Bank Accounts Attached Without Prior Hearing; Court Directs Restoration of Status Quo Pending Appeal.

26 Mar 2019

The petitioner, Milestone Real Estate Fund, a real estate fund, challenged the provisional attachment of its assets under Section 281B of the Income T...

High Court

Bombay High Court Quashes Provisional Attachment Order in PMLA Case for Lack of Scheduled Offence. Attachment of properties under Section 5(1) of Prevention of Money Laundering Act, 2002 set aside as predicate offence was not a scheduled offence under PMLA.

23 Aug 2021

The petitioners, Sunlight Housing Development Pvt. Ltd., Mukesh Doshi, Kaushal Doshi, and Mack Star Marketing Pvt. Ltd., filed writ petitions challeng...

High Court

Bombay High Court Quashes GST Provisional Attachment Order for Violation of Natural Justice. Attachment of Bank Accounts and Property Without Prior Hearing Held Invalid Under Section 79(1)(c) of CGST Act, 2017.

26 Mar 2026

The petitioner, Navin Vishwanathan, proprietor of M/s. Oriental Facility, filed a writ petition under Articles 226 and 300A of the Constitution of Ind...

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...

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