Reasonable Cause for Late Return: penalty under section 271(1)(c) unsustainable where disclosure, audit filing and voluntary offer showed no concealme...
Proceeds of crime and property equivalent in value: failure to explain lawful source sustains attachment; lack of required notice can vitiate confirma...
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Frozen bank accounts cannot be retained under the PMLA unless foundational facts first show the existence of proceeds of crime and the account holder's link with the alleged laundering activity. The Tribunal found no material that the frozen funds were proceeds of crime or that the appellant was named in, or connected to, the predicate copyright offence; assertions of relationship, investment, or online betting were insufficient, and the burden could not shift on the Directorate's bare claim. It also held that continued freezing could not rest merely on an ongoing investigation without a reasoned finding that the property was involved in money-laundering. The retention order was therefore set aside.
Frozen bank accounts cannot be retained under the PMLA unless foundational facts first show the existence of proceeds of crime and the account holder's link with the alleged laundering activity. The Tribunal found no material that the frozen funds were proceeds of crime or that the appellant was named in, or connected to, the predicate copyright offence; assertions of relationship, investment, or online betting were insufficient, and the burden could not shift on the Directorate's bare claim. It also held that continued freezing could not rest merely on an ongoing investigation without a reasoned finding that the property was involved in money-laundering. The retention order was therefore set aside.
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