The AT ruled that the ED's attachment of properties beyond the ...

Property Attachment Exceeding Seized Gold's Value Under PMLA Deemed Unjustified Under Sections 135(1)(a)(i)(A) and 135(1)(b)(i)(A)

March 26, 2025

Case Laws Money Laundering AT

The AT ruled that the ED's attachment of properties beyond the value of seized gold was unjustified. The scheduled offences under Customs Act Sections 135(1)(a)(i)(A) and 135(1)(b)(i)(A) related solely to foreign gold valued at 13.56 crores, which was already seized by DRI and subsequently attached by ED. Following Vijay Madanlal Choudhary, the ED could not presume additional scheduled offences without evidence, nor attach property exceeding the value of identified proceeds of crime. While unexplained investments might warrant action under tax laws, PMLA proceedings cannot be initiated based on mere assumptions that assets exceeding known income sources derived from scheduled offences. The appeal was disposed of accordingly.

View Source

← Previous Next →

The AT ruled that the ED's attachment of properties beyond the ...

Property Attachment Exceeding Seized Gold's Value Under PMLA Deemed Unjustified Under Sections 135(1)(a)(i)(A) and 135(1)(b)(i)(A)

March 26, 2025

Case Laws Money Laundering AT

You may also like:

AT ruled against Bank's challenge to property attachment under Prevention of Money Laundering Act (PMLA). Despite Bank's prior mortgage rights and claim as fraud victim,...

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...

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

AT determined that provisional property attachment under PMLA was invalid where appellants lacked possession of crime proceeds. While "proceeds of crime" broadly...

AT upheld the provisional attachment order under PMLA, dismissing appellants' challenge. The tribunal found authorities had properly recorded satisfaction under sections...

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...

HC directed release of seized gold to petitioner upon execution of bonds as required by Senior Enforcement Officer, SGST Department, Palakkad. Property measuring 6 Ares...

Confiscating absolutely seven gold bars having foreign make marking - Smuggling - Hyundai Verna Car - sufficient evidence to prove foreign origin goods - The Tribunal...

Release of provisionally attached properties - the order passed under Section 5(1) of PMLA, provisionally attaching the property is subject to confirmation by the...

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...

Amendment of section 281B. - Attachment of property - Assessing Officer shall revoke attachment of property made under sub-section (1) in a case where the assessee...

Petitioner availed fake input tax credit through bogus billing, generating fake sale invoices. Provisional attachment of movable properties in addition to immovable...

The appellant's gold was seized at the airport based on suspicions of smuggling. However, procedural irregularities, doubts about the voluntariness of the appellant's...

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

HC ruled bank accounts constitute "property" subject to provisional attachment under Section 281B of the Income Tax Act. The term "any property" in Section 281B(1)...

Quick Updates: