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        Money Laundering

        2019 (2) TMI 96 - AT - Money Laundering

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        Tribunal orders Enforcement Directorate to deposit disputed funds in appellant's account within a week The Tribunal directed the Enforcement Directorate to deposit the disputed amount in the appellant's account within a week. Failure to comply would lead to ...
                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.

                                Tribunal orders Enforcement Directorate to deposit disputed funds in appellant's account within a week

                                The Tribunal directed the Enforcement Directorate to deposit the disputed amount in the appellant's account within a week. Failure to comply would lead to the release of the attachment without further notice. The appellant was restrained from dealing with the amount until further orders. The appellant's request for release was granted, and the application was resolved.




                                Issues:
                                1. Release of confiscated sum to the appellant.
                                2. Failure of the Enforcement Directorate (ED) to file a reply.
                                3. Pending appeal against the order of the Adjudicating Authority.
                                4. Application for defreezing the appellant's bank account.
                                5. Attachment of funds by the Enforcement Directorate as proceeds of crime.
                                6. Controversy over the amount alleged to be proceeds of crime.
                                7. Furnishing of surety by the appellant.
                                8. Directions for the release of the disputed amount.
                                9. Undertakings by the appellant regarding the disputed amount.
                                10. Double attachment of funds by the ED.

                                Analysis:
                                1. The appellant filed an application seeking the release of a sum confiscated by the Enforcement Directorate. Despite an opportunity, the ED failed to file a reply, leading to the appellant's request for the release of the amount.
                                2. The appellant had a pending appeal against an order of the Adjudicating Authority, which was fixed for hearing. The appellant also made an application to defreeze a bank account related to the case.
                                3. The Enforcement Directorate had attached a sum of money as proceeds of crime, leading to a dispute over the amount. The appellant sought directions for the release of the disputed amount based on furnishing surety.
                                4. The appellant furnished surety in court, exceeding the controversial amount. The appellant requested suitable directions for the release of the excess amount.
                                5. The appellant undertook not to withdraw the surety even if the special court ruled in their favor until the appeal was decided. The appellant also agreed to convert a portion of the amount into a fixed deposit and not encash it until the PMLA proceedings were resolved.
                                6. The Enforcement Directorate was directed to deposit the disputed amount in the same account within a week. Failure to do so would result in the release of the attachment without further notice. The appellant was prohibited from dealing with the amount until further orders from the Tribunal. The prayer for release was allowed, and the application was disposed of.
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                                ActsIncome Tax
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