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 February 2025 Year 2025 This

AT ruled against double seizure of bank lockers and gold in a ...


Bank Lockers and Gold Already Under CBI Cannot Be Re-seized Under PMLA Section 17(1) for Money Laundering Investigation

February 4, 2025

Case Laws     Money Laundering     AT

AT ruled against double seizure of bank lockers and gold in a money laundering case. The lockers (no. 86 and 96) were already under CBI custody, making subsequent seizure under PMLA Section 17(1) unjustified as there was no risk of concealment. Regarding 3.2kg gold, seizure was invalidated based on CBDT guidelines allowing women to possess specified quantities (500g for married, 250g for unmarried). AT held that properties under one authority's seizure cannot be re-seized by another unless released by the initial authority. The respondent retains right to fresh seizure upon CBI's release. The impugned order was partially modified, and appeal disposed of accordingly.

View Source

 


 

You may also like:

  1. Legality of Bail granted - Money Laundering - The delay in completing the investigation by the CBI, Delhi cannot be a ground to presume that accused is not guilty of...

  2. Bribe - bribing the public servant, having abetted P.W. 1 for commission of the offence - if it is a definite case that the accused came and gave money as it is...

  3. The HC held that exercising its inherent powers u/s 482 CrPC to prevent abuse of process and secure ends of justice, none of the ingredients for money laundering offense...

  4. 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...

  5. 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...

  6. Jurisdiction - Power of the HC to direct the Central Bureau of Investigation (CBI) to carry on investigation in the municipality recruitment scam - In the present case,...

  7. The High Court considered an application for compounding contravention under FEMA. The petitioner filed Form FC-TRS belatedly, leading to investigations and complaints....

  8. Smuggling - Gold Bars - Gold Biscuits - Admittedly it is a case of town seizure. Out of the 5 gold bars and 1 cut piece seized, there is foreign marking – ‘rand...

  9. This case deals with the levy of penalties u/ss 271AAA and 271(1)(c) of the Income Tax Act in relation to various additions made to the assessee's income based on seized...

  10. Anti-Money Laundering (AML) / Combating the Financing of Terrorism (CFT) Standards - Money changing activities - Circular

  11. Ownership of Seized goods – Legitimate transaction – Source of seized gold biscuits were traced out to genuine purchase from authorised Bank –Under existing matrix, it...

  12. Notification No. 11/2021 - Customs is being amended to revise the Agriculture Infrastructure and Development Cess (AIDC) rates on certain goods with effect from...

  13. Smuggling - illegal importation of the seized gold - Confiscation of the gold and Indian currency - The Tribunal found no evidence linking the seized Indian currency to...

  14. The Delhi High Court issued a Restraint Order on a locker, which the bank objected to due to lack of the official Revocation Order from the Income Tax Department. The...

  15. Money Laundering - proceeds of crime - Jurisdiction to investigate - The Apex Court time and again has frowned upon interference into investigations conducted by the...

 

Quick Updates:Latest Updates