Independent show-cause notices remain separate proceedings, while customs adjudication challenges should ordinarily follow the statutory appellate rem...
Institutional incapacity in customs settlement proceedings excludes non-functional quorum periods from statutory disposal timelines, preventing automa...
Interactive touchscreen panels with integrated computing functions fall under automatic data-processing machines rather than display monitors for cust...
Ex parte injunction service requirements were substantially met, while civil recovery and SFIO investigation into provident fund defalcation continued...
Enforcement of resolution-plan directions continues without a Supreme Court stay, preventing suspension of redistribution and escrowed-fund distributi...
Third-party ownership claims over attached property require Special Court adjudication where purchasers lack registered sale deeds and bona fides rema...
Pure-agent reimbursements in clearing and forwarding services are excluded from taxable value when qualifying third-party payments are properly record...
Customs relief for Strait of Hormuz maritime disruptions remains available, with existing conditions continuing unchanged through the extended validit...
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Section 12(1)(b) of the Prevention of Money Laundering Act, 2002 requires reporting entities to furnish information about transactions referred to in Section 12(1)(a) to the Director, FIU-IND within the prescribed time. The appellant bank failed to report or delayed reporting cash transactions of high value, violating Section 12(1)(b) read with Rules 3(1)(A), 3(1)(B), 7(2), and 7(4) of the 2005 Rules. The penalty of Rs. 25,70,000/- was imposed for this violation. The Tribunal held that the phrase "each failure" in Section 13 refers to failure or delay in furnishing information for each transaction, attracting penalty. Ignoring contraventions would undermine the Act's sanctity and compliance. The appellant admitted inadvertent error, but penalty was rightly imposed as per the Supreme Court's judgment in Shriram Mutual Fund case. The minimum penalty of Rs. 10,000/- was imposed for 167 defaults, while Rs. 50,000/- was imposed for 16 CTRs. The penalty cannot be considered disproportionate given the bank's continuous contravention and delayed reporting only after RBI's notification. The appeal was dismissed as lacking merit.
Section 12(1)(b) of the Prevention of Money Laundering Act, 2002 requires reporting entities to furnish information about transactions referred to in Section 12(1)(a) to the Director, FIU-IND within the prescribed time. The appellant bank failed to report or delayed reporting cash transactions of high value, violating Section 12(1)(b) read with Rules 3(1)(A), 3(1)(B), 7(2), and 7(4) of the 2005 Rules. The penalty of Rs. 25,70,000/- was imposed for this violation. The Tribunal held that the phrase "each failure" in Section 13 refers to failure or delay in furnishing information for each transaction, attracting penalty. Ignoring contraventions would undermine the Act's sanctity and compliance. The appellant admitted inadvertent error, but penalty was rightly imposed as per the Supreme Court's judgment in Shriram Mutual Fund case. The minimum penalty of Rs. 10,000/- was imposed for 167 defaults, while Rs. 50,000/- was imposed for 16 CTRs. The penalty cannot be considered disproportionate given the bank's continuous contravention and delayed reporting only after RBI's notification. The appeal was dismissed as lacking merit.
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