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 January 2025 Year 2025 This

The AT upheld the attachment of properties acquired prior to the ...


Upholding Property Attachment Despite Pre-Crime Acquisition, Layering Linked Assets to Proceeds.

January 3, 2025

Case Laws     Money Laundering     AT

The AT upheld the attachment of properties acquired prior to the commission of the alleged crime. The proceeds of crime were siphoned off by diverting and layering, thus the property of equivalent value was attached under the second limb of the definition of "proceeds of crime." The provisional attachment order did not lapse due to the intervening Covid-19 period eliminated by the Apex Court. The properties were linked to the proceeds of crime through financial transactions and layering. The scheduled offence was valid as the relevant date was when the tainted property was projected as untainted in 2012, leading to the recording of the money laundering offence. The appeals were dismissed.

View Source

 


 

You may also like:

  1. The appellant failed to prove the legitimate source for acquisition of the subject property, and the Appellate Tribunal upheld the Provisional Attachment Order treating...

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

  3. The High Court granted relief to the petitioner by directing the release of attachment over immovable properties due to discrepancies between GSTR 3B returns and...

  4. AT upheld provisional attachment order u/s PMLA, 2002 due to illegal foreign remittances made through fake import documents. Prosecution complaints pending,...

  5. 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...

  6. 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...

  7. The Appellate Tribunal dismissed the appeal, upholding the attachment of properties under the Prevention of Money Laundering Act (PMLA) 2002. Despite acquittals in some...

  8. Money laundering case involving scheduled offence and proceeds of crime. Trust property attached under PMLA despite Trust being bona fide receiver without knowledge of...

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

  10. Predicate offence involving meagre disclosed income but substantial investment in properties without proof of legitimate source. Provisional attachment of immovable...

  11. When authorities of Enforcement Directorate (ED) have reasons to believe, based on material, that any person possesses proceeds of crime and is likely to conceal or...

  12. Money Laundering - Proceeds of crime - attachment of moveable property of the appellant - The tribunal analyzed PMLA Section 5(1), determining that attachment requires...

  13. Money Laundering - proceeds of crime - conspiracy - provisional attachment of assets/properties of the petitioner - it is an admitted fact that there is no finding and...

  14. Property Liable to Attachment - proceeds of crime - The burden of proving that proceeds of crime were untainted property was applicable not only to prosecution and...

  15. The case involves a challenge to the attachment of properties alleged to be proceeds of crime. The Adjudicating Authority found that some properties were of equivalent...

 

Quick Updates:Latest Updates