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Calcutta High Court

No bar on ED to file appeal under section 26 of PML Act, through Assistant Director

June 10, 2021 3423 Views 0 comment Print

Nillesh Parrekh Vs Assistant Director (Calcutta High Court) The Enforcement Directorate (ED) happens to be the specialised financial Investigating Agency under the Department of Revenue, which is entrusted to enforce the provisions of the Prevention of Money Laundering Act, 2002 (PML Act). As such, it will be utterly fallacious to suppose that only the Director […]

Appeal – Limitation – Liberal approach to be followed during Covid

June 7, 2021 2316 Views 2 comments Print

Shree Jagannath Traders Vs Commissioner of State Tax Odisha (Orissa High Court) Mr. Narasingh, learned counsel for the Petitioner, points out that while the appeal was accompanied by the downloaded printed copy of the order appealed against at the time of filling of the appeal, it was not accompanied by the certified copy thereof at […]

Offence under PMLA includes ‘Scheduled Offence’ & ‘Offence of money-laundering’

April 23, 2021 21687 Views 0 comment Print

Fairdeal Supplies Limited & Anr.Vs. Union of India & Ors. (Calcutta High Court) (i) On a plain reading of Section 2(1)(y) and Section 3 of the PMLA , it appears to me that the legislature has bifurcated the offence under PMLA into “Scheduled Offence” and “Offence of money-laundering”. “Scheduled Offence” are provided in Part A […]

HC quashes Look-Out Circular Issued against Merchant Navy Captain

April 20, 2021 2865 Views 0 comment Print

Mritunjay Singh Vs. Union of India and others (Calcutta High Court) FULL TEXT OF THE JUDGMENT/ORDER of CALCUTTA HIGH COURT 1. The present challenge is against a Look-Out Circular (LOC) issued against the petitioner. The petitioner is a Captain of the Merchant Navy and stays on the high seas for the most part of the year, […]

Amendment to Prohibition of Benami Property Transactions Act, 1988 – Prospective or retrospective?

April 16, 2021 2091 Views 0 comment Print

Deific Abode LLP Vs Union of India (Calcutta High Court) The fundamental point of contention, as advanced by Mr. Khaitan, learned Senior Advocate, appearing on behalf of the petitioners, is the unconscionable and illegal ‘retrospective applicability’ of the 1988 Act, leading to these proceedings. When the matter was last taken up, Mr. Khaitan had conspicuously […]

Residential certificate is not a proof of citizenship: HC

April 6, 2021 1398 Views 0 comment Print

Re. Khadija Begam (Calcutta High Court) The Calcutta High Court has recently observed that It is needless to say that residential certificate may be obtained by any resident, he may be an Indian National or Foreign National, if he stays at a particular place. Residential certificate is not a proof of citizenship. FULL TEXT OF […]

Kolkata HC stays removal of erstwhile Auditors of Allahabad Bank

March 31, 2021 8241 Views 1 comment Print

It is the case of the petitioners that they have been appointed as Statutory Branch Auditors by the erstwhile Allahabad Bank, which has now been merged into Indian Bank.

Mere non-issuance of duplicate share certificates on misplacement did not indicate malice of Company

March 25, 2021 2379 Views 0 comment Print

The criminal complaint case of cheating instituted against a company and its Directors over non-issuance of duplicate share certificates to the complainant was quashed as mere non-issuance of duplicate share certificates on misplacement by an alleged shareholder did not indicate malice on part of the company from the inception of the transaction and assessee acted with criminal intent at the inception on an anticipation that the shares would be misplaced at a subsequent stage.

If proceedings pending under CGST Act than no proceedings can be initiated under SGST

March 24, 2021 4035 Views 0 comment Print

Raj Metal Industries & Anr. Vs Union of India & Ors. (Calcutta High Court) While allowing a writ petition filed by Raj Metal Industries & Anr, the Calcutta High Court has quashed the proceedings initiated by the West Bengal GST authorities by considering the fact that the matter is already pending before the CGST authorities. […]

Excess jewellery seized : ED should pass reasoned order

March 22, 2021 1542 Views 0 comment Print

Banka Bullion Private Limited Vs Assistant Director & Ors. (Calcutta High Court) With regard to the search and seizure of the excess jewellery that has been seized by the Enforcement Directorate, it is to be noted that in the writ petition, the petitioner has relied on several documents to indicate that this “excess jewellery” was […]

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