The Tribunal upheld contravention but reduced penalties due to lack of justification for maximum fines. It emphasized proportionality in penalty determination. Key takeaway: penalty must be reasoned and proportionate.
The Tribunal upheld attachment, ruling that funds used in a conspiracy can qualify as proceeds of crime. It held that even layered investments linked to illegal activity are attachable under PMLA.
ITAT Delhi held that the present appeal filed by benamidar is dismissed since the benamidar was unable to explain the source of funds for acquiring the impugned property. However, the issue regarding beneficial owner is kept open for investigation.
The court restrained dissemination of defamatory content related to a film before its release. It held that a prima facie case and irreparable harm justified urgent interim protection.
The Tribunal quashed the attachment after verification showed only four items matched the alleged seller and no material established benami holding. The provisional attachment under PBPTA was held unsustainable.
SAFEMA Delhi held that non-tribal individual used tribal employee to Benami purchase land. Thus, the sale is violative of section 165(6) of the Chhattisgarh Land Revenue Code is absolutely barred under the law. Accordingly, appeal dismissed.
The Tribunal held that commission paid to overseas agents formed part of the true FOB export value and was not properly declared, violating Section 7 of FEMA. However, penalties were substantially reduced after considering the overall facts.
The Tribunal sustained attachment of Rs. 1 crore under the Benami law but remanded the case for further investigation, citing insufficient proof to prosecute.
The Tribunal dismissed the appeal after finding that bank records, agreements, and admissions established benami elements. Procedural objections were held insufficient to override substantive findings.
The issue was whether payments received by private firms were genuine business income or tainted funds. The Tribunal held that advance payments and manipulated tendering showed diversion of NRHM money, justifying attachment.
