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        Money Laundering

        2022 (12) TMI 1198 - HC - Money Laundering

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        Extension granted for reply to show cause notice in Money Laundering Act case The court granted a two-month extension for the petitioners to prepare a reply to the show cause notice under Section 8(1) of the Prevention of Money ...
                      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.

                          Extension granted for reply to show cause notice in Money Laundering Act case

                          The court granted a two-month extension for the petitioners to prepare a reply to the show cause notice under Section 8(1) of the Prevention of Money Laundering Act, 2002. The extended period was excluded from the 180-day computation under Section 5(3) of the Act. The court emphasized the time-bound nature of the adjudicating process and directed the petitioners to adhere to the extended timeline without seeking further extensions.




                          Issues Involved:
                          1. Extension of time to prepare a reply to the show cause notice.
                          2. Exclusion of the extended period from the computation of 180 days under Section 5(3) of the Prevention of Money Laundering Act, 2002.

                          Detailed Analysis:

                          Extension of Time to Prepare a Reply to the Show Cause Notice:
                          The petitioners sought an extension of two months to prepare a reply to the show cause notice issued under Section 8(1) of the Prevention of Money Laundering Act, 2002. The petitioners argued that they needed more time due to the complexity and volume of documents involved (5000 pages) and the historical nature of some properties (acquired two decades ago). Additionally, the Chairman of the Karvy Group, who was central to the case, had health issues and was required to comply with bail conditions, including frequent appearances before investigating officers. The court acknowledged these difficulties and granted the extension, emphasizing that no prejudice would be caused to the respondents as the attachment of properties would continue until an order under Section 8(3) of the Act was passed.

                          Exclusion of the Extended Period from the Computation of 180 Days:
                          The petitioners also requested that the extended period be excluded from the computation of the 180-day period stipulated under Section 5(3) of the Act. The court noted that the adjudicating process under Section 8 is time-bound and that the period during which proceedings are extended should be excluded as per the third proviso to Section 5 of the Act. The court referenced previous orders where similar extensions were granted and upheld the principle that the extended period should be excluded from the 180-day computation. The court concluded that the petitioners were entitled to a reasonable extension and granted two additional months from the date of the order to submit their reply, with a clear directive that no further extensions would be entertained.

                          Conclusion:
                          The court disposed of the writ petition by granting a two-month extension from the date of the order for the petitioners to submit their reply to the show cause notice. It clarified that this extended period would be excluded from the 180-day computation under Section 5(3) of the Act. The court emphasized the time-bound nature of the adjudicating process and directed the petitioners to adhere to the extended timeline without seeking further extensions.
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                          ActsIncome Tax
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