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        Money Laundering

        2025 (3) TMI 1644 - AT - Money Laundering

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        Provisional attachment fails where crypto-exchange intermediary lacks possession or control of alleged proceeds of crime after VDA transfer. Provisional attachment of a crypto-exchange platform's bank account cannot be sustained where the deposited funds were traced to a user, converted into ...
                          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.

                                Provisional attachment fails where crypto-exchange intermediary lacks possession or control of alleged proceeds of crime after VDA transfer.

                                Provisional attachment of a crypto-exchange platform's bank account cannot be sustained where the deposited funds were traced to a user, converted into virtual digital assets, and transferred out of the platform, and the intermediary was not shown to be in possession or control of the alleged proceeds of crime. The Tribunal accepted that the platform acted only as a transaction facilitator and was not named in the predicate offence. As the respondents could not justify attaching funds beyond the user-linked deposits or establish continuing possession of proceeds of crime, the attachment and its confirmation were set aside.




                                Issues: Whether the provisional attachment of the appellant's bank account was sustainable when the funds deposited by the user had been converted into virtual digital assets and transferred out of the platform, and whether the appellant was in possession of proceeds of crime.

                                Analysis: The Tribunal found that the appellant was not named as an in the predicate offence and functioned only as a crypto-exchange platform facilitating purchase and sale of virtual digital assets. The deposited amounts were traced to a user, converted into VDAs, and thereafter transferred outside the platform. On the record, the respondents could not justify attaching the appellant's bank account for an amount beyond the deposits attributed to that user or show that the proceeds of crime remained with the appellant. The appellant's role as a transaction facilitator without post-purchase control over the VDAs was also accepted.

                                Conclusion: The attachment of the appellant's bank account was unjustified and the provisional attachment order, along with its confirmation, was set aside in favour of the appellant.

                                Ratio Decidendi: Provisional attachment cannot be sustained against a platform intermediary when the alleged proceeds of crime have been converted and transferred out, and the intermediary is not shown to be in possession or control of those proceeds.


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                                ActsIncome Tax
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