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Seized amount being proceeds of crime cannot be recovered by income tax department prior to conclusion of PMLA trial
Case Law Details
- Case Name
- ACIT Vs State Through Jt. Commissioner of Police (Delhi High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Delhi High Court
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ACIT Vs State Through Jt. Commissioner of Police (Delhi High Court)
Delhi High Court held that seized amount is prima facie proceeds of crime and not lawful income hence to treat such amounts as taxable income recoverable by the Income Tax Department, prior to the conclusion of the PMLA trial or adjudication, would be erroneous. Accordingly, petition dismissed.
Facts- A search and seizure operation u/s. 132 of the IT Act, 1961, was carried out by the Investigation Wing of Income Tax Department on 18.01.2011, at the residential and office premises of the Respondent Nos. 3 to 6 and the Firm M/s ...
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