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

AT dismissed appeals challenging provisional attachment orders ...


Appellate Tribunal Upholds Property Attachments in Coal Transportation Money Laundering Case Under PMLA Section 5.

January 28, 2025

Case Laws     Money Laundering     AT

AT dismissed appeals challenging provisional attachment orders in a money laundering case involving large-scale extortion in coal transportation. Appellants failed to prove legitimate sources for acquiring 52 properties through alleged layering of proceeds of crime. Claims of being bona fide purchasers were rejected due to inability to demonstrate valid cash sources. Court upheld that properties acquired before FIR registration could be attached as criminal activities predated FIR. Arguments regarding absence of predicate offense were dismissed, citing established Supreme Court precedents. The provisional attachment was confirmed as appellants were either accused or in possession of proceeds of crime, with sufficient reasons provided in show cause notices.

View Source

 


 

You may also like:

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

  2. The assessee, a company engaged in development/construction and sale of flats and plots, had classified its properties into four categories: flats open for sale, let-out...

  3. Money Laundering - provisional attachment order - Despite claiming innocence and presenting evidence of legitimate business transactions, the appellant's receipt of...

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

  5. The HC held that since proceedings for attachment and adjudication by the Adjudicating Authority are in aid of trial of money laundering offence under PMLA, an appeal...

  6. Provisional attachment order u/s 5 of PMLA Act challenged. Court held no third-party rights can be created over attached properties. Direction to restore possession to...

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

  8. The Appellate Tribunal allowed the appeal and set aside the orders of provisional attachment and its confirmation. The accused were discharged from the predicate offence...

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

  10. The case concerns benami transactions and the attachment of properties. The Adjudicating Authority initially refused to confirm the attachment order, citing funds...

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

  12. 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...

  13. Recovery of outstanding dues - attachment of property - 100% EOU vacated the property before completion of export obligations - recovery cannot be made from the Lessor...

  14. The Appellate Tribunal considered two main issues: 1. Addition u/s 37(1) - Assessee incurred business loss due to default in property payment, allowed as revenue loss. 2....

  15. Money Laundering - Release of attached property - exercise of the powers of confiscation or release of the attached property by this Appellate Tribunal is beyond the...

 

Quick Updates:Latest Updates