Cooperative society deposits, member-interest TDS exemption and credit-facility deduction claims require verification through records and supporting e...
Customs jurisdiction over EPCG condition breaches survives export-obligation discharge certificates, requiring alleged fraud and misdeclaration to be ...
Contractual tolerance requires consideration; breach recoveries, qualifying public infrastructure services and road works escape service tax liability...
Personal hearing requirements in GST adjudication were satisfied by prior opportunities and written submissions; appellate limitation received writ-pe...
Scheduled offence is a prerequisite for initiating proceedings under the Prevention of Money Laundering Act (PMLA). The offence of money laundering u/s 3 of PMLA requires demonstrating the accused's involvement in any process or activity connected with proceeds of crime. Proceeds of crime are derived from criminal activity relating to a scheduled offence. Registration of an FIR/case for a scheduled offence is mandatory before registering a case for money laundering. The Enforcement Directorate cannot independently determine the commission of scheduled offences. In the absence of a registered case or pending inquiry/trial for a scheduled offence, there are no proceeds of crime, and thus no offence of money laundering u/s 3 of PMLA. The authorities under PMLA have no jurisdiction to register ECIR and launch prosecution without a scheduled offence.
Scheduled offence is a prerequisite for initiating proceedings under the Prevention of Money Laundering Act (PMLA). The offence of money laundering u/s 3 of PMLA requires demonstrating the accused's involvement in any process or activity connected with proceeds of crime. Proceeds of crime are derived from criminal activity relating to a scheduled offence. Registration of an FIR/case for a scheduled offence is mandatory before registering a case for money laundering. The Enforcement Directorate cannot independently determine the commission of scheduled offences. In the absence of a registered case or pending inquiry/trial for a scheduled offence, there are no proceeds of crime, and thus no offence of money laundering u/s 3 of PMLA. The authorities under PMLA have no jurisdiction to register ECIR and launch prosecution without a scheduled offence.
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