Benami transaction and beneficial ownership: documentary and circumstantial evidence show payors were true beneficiaries, resulting in PBPTA consequen...
Denial of Preferential Treatment under SAFTA overturned where unchallenged Country of Origin certificate warranted exemption under Notification benefi...
Continuing offence of money-laundering: discharge set aside and proceedings reinstated where laundering continued after inclusion of predicate offence...
Whether provisional attachment under the PMLA was validly exercised: Court held that attachment requires the property to be "proceeds of crime" and material to show relation to a scheduled offence; absent evidence of criminal activity or that the predicate offence (Section 13 PC) was a scheduled offence at the relevant time, attachment was misplaced - appeal dismissed on merits. Whether recorded concessions/admissions by counsel could be contradicted: factual recital in the impugned order is conclusive and, having not been corrected before the same forum, cannot be reopened in the appeal - therefore such challenge was rejected. Relief modified: refund of interest ordered but 50% of accrued interest directed to AFBCWF. - HC
Whether provisional attachment under the PMLA was validly exercised: Court held that attachment requires the property to be "proceeds of crime" and material to show relation to a scheduled offence; absent evidence of criminal activity or that the predicate offence (Section 13 PC) was a scheduled offence at the relevant time, attachment was misplaced - appeal dismissed on merits. Whether recorded concessions/admissions by counsel could be contradicted: factual recital in the impugned order is conclusive and, having not been corrected before the same forum, cannot be reopened in the appeal - therefore such challenge was rejected. Relief modified: refund of interest ordered but 50% of accrued interest directed to AFBCWF. - HC
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