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Income Tax

Seized amount prima facie proceeds of crime cannot be treated as income before conclusion of PMLA trial

Case Law Details

Case Name
ACIT Vs State (Delhi High Court)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2010-11
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ACIT Vs State (Delhi High Court) Delhi High Court held that seized amounts prima facie being proceeds of crime cannot be termed as income of accused as trial in PMLA case is yet to be conclude. Accordingly, it is erroneous to treat such amount as taxable income recoverable by Income Tax Department. Facts- Petition under Section 482 of the Code of Criminal Procedure, 1973 has been filed on behalf of the Petitioner/Asst. Commissioner of Income Tax (ACIT), to challenge the Order dated 05.02.2018 of learned Special Judge (PC Act), CBI-05, New Delhi, dismissing the Application under Section 226(4) ...
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