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        Money Laundering

        2022 (12) TMI 913 - HC - Money Laundering

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        Court orders Adjudicating Authority to provide clear copies of Relied-Upon Documents, ensuring fair opportunity for response. The court directed the Adjudicating Authority to provide legible copies of all Relied-Upon Documents (RUDs) to the petitioner and allowed an inspection of ...
                        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.

                            Court orders Adjudicating Authority to provide clear copies of Relied-Upon Documents, ensuring fair opportunity for response.

                            The court directed the Adjudicating Authority to provide legible copies of all Relied-Upon Documents (RUDs) to the petitioner and allowed an inspection of original documents. The petitioner was granted the opportunity to file a reply by a specified date, emphasizing the importance of clear RUDs for a fair opportunity to respond. The court disposed of the petition and pending applications based on the provided directions.




                            Issues:
                            1. Supply of legible copies of Relied-Upon Documents (RUDs) by the Adjudicating Authority.
                            2. Extension of time period for filing reply to Show Cause Notice dated 22nd September, 2022, in accordance with the Prevention of Money Laundering Act (PMLA).

                            Issue 1: Supply of Legible Copies of RUDs
                            The petitioner filed a petition seeking directions for the Adjudicating Authority, PMLA, to provide legible copies of all RUDs annexed with the Original Complaint. The petitioner highlighted that a provisional attachment order was passed by the Directorate of Enforcement (ED) against them, and the RUDs supplied were illegible or cropped out. Despite multiple requests, the Respondent failed to provide legible copies of the RUDs. The petitioner argued the inability to file a reply without clear RUDs, citing a judgment emphasizing the duty of the Adjudicating Authority to supply all relied-upon documents to ensure a fair opportunity for the respondent.

                            Issue 2: Extension of Time for Filing Reply
                            The petitioner also sought an extension of the time period for filing a reply to the Show Cause Notice issued by the Adjudicating Authority. Although the Respondent granted a 10-day extension, the issue of illegible RUDs remained unaddressed. The Respondent's response directed the petitioner to file a reply in hard copy and soft copy formats within a specified timeline, emphasizing the importance of adherence to the schedule. The petitioner argued that the inability to access clear RUDs hindered their ability to file a comprehensive reply within the given timeframe.

                            Court's Analysis and Judgment
                            The court acknowledged the issue of illegible RUDs but decided not to delve further into it, citing a previous judgment emphasizing the duty of the Adjudicating Authority to provide clear RUDs for a fair opportunity to respond. The court issued directions for an inspection of original documents constituting the RUDs to be given to the petitioner or their representatives. Following the inspection, the petitioner was directed to file a reply by a specified date, and the Adjudicating Authority was instructed to adjudicate the matter accordingly. The court disposed of the petition and pending applications based on the provided directions.
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                            Topics

                            ActsIncome Tax
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