Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
PMLA - Highlights / Catch Notes

Home Highlights April 2024 Year 2024 This

Money Laundering - Proceeds of crime - attachment of moveable ...

Case Laws     Money Laundering

April 18, 2024

Money Laundering - Proceeds of crime - attachment of moveable property of the appellant - The tribunal analyzed PMLA Section 5(1), determining that attachment requires proceeds of crime and a likelihood of concealment or transfer. It interpreted 'proceeds of crime' based on a Supreme Court case, concluding that the disputed amount frozen by the police qualified as such. Since there was no risk of transfer or concealment due to the frozen status, the tribunal deemed the attachment unjustified under PMLA. It interfered with the attachment order, directing that it remains invalid as long as the disputed amount is frozen by the police, with automatic reinstatement if released.

View Source

 


 

You may also like:

  1. Provisional attachment - Prevention of Money Laundering - PMLA - When an attempt is made to project proceeds of crime as untainted money and also when the burden of...

  2. Money laundering case involving attachment of properties. Appellant argued property was acquired prior to offense, hence cannot be attached. Court rejected contention,...

  3. Scheduled offence is a prerequisite for initiating proceedings under the Prevention of Money Laundering Act (PMLA). The offence of money laundering u/s 3 of PMLA...

  4. Respondents initiated action under Prevention of Money Laundering Act (PMLA) based on alleged illegal sand mining generating proceeds of crime, without specifying...

  5. The court granted regular bail to the petitioner in a money laundering case involving proceeds of crime and non-compliance with subsidized coal regulations. The court...

  6. Money Laundering - presumption that proceeds of crime - There is a presumption in inter-connected transaction also Section 24 castes a burden on a person charges with...

  7. The Appellate Tribunal ruled on the validity of proceedings u/s Prevention of Money Laundering Act, 2002 without a scheduled offence. It held that without a scheduled...

  8. Money Laundering - proceeds of crime - attachments of the property - investigation for a period beyond three hundred and sixty five days not resulting in any proceedings...

  9. The provisional attachment order treating the appellant's land property as 'proceeds of crime' was challenged on the ground of time limitation of 180 days. It was held...

  10. Validity of search - it was necessary to conduct search under Section 17 of PMLA in the premises mentioned in the note; to identify and seize available incriminating...

  11. Offence under money laundering - PMLA - The proceeds of crime may be acquired by another person who commits one of the scheduled offences, and the person charged with...

  12. Money Laundering - schedule offence - proceeds of crime - Section 44(1) of PMLA - On analysing the report of I.T. Department and the reasoning given by CBI while...

  13. The Appellate Tribunal addressed issues related to money laundering, proceeds of crime from smuggling narcotics and running extortion rackets. The case involved double...

  14. Grant of anticipatory bail - money laundering - sale of fake Remdesivir injections to earn huge money from Covid patients - proceeds of crime - Considering the money...

  15. The High Court held that forceful possession of property can be considered proceeds of crime u/s 2(1)(u) of PMLA. Money laundering involves any activity connected with...

 

Quick Updates:Latest Updates