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2023 (5) TMI 659

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..... ithout being influenced by any observation contained in the impugned order of the Tribunal dated 08.05.2023 on the merits of the factual matrix as well as legal issues. (iii) The Adjudicating Authority shall permit the appellant to address arguments and rely upon the material that has already been placed before it by the appellant before forming an opinion with regard to passing of the final order in terms of Section 8 of the Act. The appeal is accordingly dismissed as withdrawn. - MISC. APPEAL (PMLA) 5/2023 - - - Dated:- 9-5-2023 - HON BLE MR. JUSTICE SANJEEV SACHDEVA AND HON'BLE MR. JUSTICE MANOJ JAIN Advocates who appeared in this case: For the Appellant: Mr. Sandeep Sethi, Sr. Advocate, Mr.Siddharth Aggarwal, Sr. .....

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..... the assets to be attached has to be the valuation as on the date of acquisition or possession of the assets and not the fair market value of the assets as on the date of the attachment; and (ii) With regard to the mode and manner of proving the valuation by the authority as well as the counter material to be produced by the appellant before the Adjudicating Authority qua the valuation. He submits that no evidence has been taken with regard to the valuation of the assets as on the date of the attachment. 5. Issue Notice. Notice is accepted by learned counsel appearing for the respondent. 6. With the consent of parties, the appeal is taken up for consideration today. 7. After some arguments, learned senior counsel for the appe .....

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..... already been placed before it by the appellant before forming an opinion with regard to passing of the final order in terms of Section 8 of the Act. 11. The appeal is accordingly dismissed as withdrawn, however with the above directions. 12. It is clarified that this Court has neither considered nor commented upon the merits of the contentions of the either party. All rights and contentions of parties are reserved. 13. We are informed that the proceedings are listed today before the concerned Adjudicating Authority for final arguments. 14. Learned senior counsel for the appellant points out that he had earlier, in the morning, requested the Adjudicating Authority to defer the proceedings in view of the present appeal but the r .....

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