Inherited property sale proceeds require capital-gains treatment where ownership is supported by evidence, not suspicion or unverified signature doubt...
Cross-examination of retracted statements is essential where foundational evidence supports a benami allegation and documented funding explanations re...
Capital-goods exemption covers plant-modernisation accessories, while the import restriction applies only to earlier capital-goods components and spar...
Constitutional judicial review permits challenges to ECIRs and connected money-laundering proceedings where coercive action affects fundamental intere...
Money Laundering - scheduled offences - cognizance of offence - The High court concluded that the allegations did not meet the necessary elements to constitute an offence under Section 3 of the PMLA. There was no prima facie evidence to suggest the petitioner knowingly facilitated the transfer of proceeds of the crime. The court emphasized that intent is crucial for constituting an offence under the PMLA, and such intent was not established against the petitioner. - The court quashed the proceedings against the petitioner, accused No. 7, stating that continuing the criminal proceedings would be an abuse of the process of law.
Money Laundering - scheduled offences - cognizance of offence - The High court concluded that the allegations did not meet the necessary elements to constitute an offence under Section 3 of the PMLA. There was no prima facie evidence to suggest the petitioner knowingly facilitated the transfer of proceeds of the crime. The court emphasized that intent is crucial for constituting an offence under the PMLA, and such intent was not established against the petitioner. - The court quashed the proceedings against the petitioner, accused No. 7, stating that continuing the criminal proceedings would be an abuse of the process of law.
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