Condonation of Delay: directoral disputes and pending company proceedings can constitute reasonable cause, allowing a belated return to be treated as ...
Revisionary jurisdiction under section 263 upheld; faceless assessments subject to revision when AO fails requisite enquiries, remitted for fresh asse...
Limited scope of processing under section 143(1): enhancement without show cause is unsustainable; remand for residency, taxation and TDS verification...
PMLA liability is contingent on a subsisting scheduled...
Proceeds of crime and money laundering: PMLA prosecution requires subsisting predicate offence; discharge of predicate accused precludes further prosecution.
Contents
Summary
Note
Bookmark
Share
✓ Copied successfully !
Print
Print Options
For full text, please login
Login to TaxTMI
Verification Pending
The Email Id has not been verified. Click on the link we have sent on
PMLA liability is contingent on a subsisting scheduled (predicate) offence and identifiable proceeds of crime; absent generation of proceeds, layering or siphoning cannot be established and prosecution under sections 3 read with 4 cannot be sustained. Appellate orders setting aside provisional and confirmed attachments, together with final discharge of accused in the predicate offences, remove the legal basis for continuing money-laundering proceedings and the associated property attachments; those applicants who sought discharge should be released from the money-laundering charge. Proceedings remain undetermined only for accused who have not secured discharge or whose challenges are pending.
PMLA liability is contingent on a subsisting scheduled (predicate) offence and identifiable proceeds of crime; absent generation of proceeds, layering or siphoning cannot be established and prosecution under sections 3 read with 4 cannot be sustained. Appellate orders setting aside provisional and confirmed attachments, together with final discharge of accused in the predicate offences, remove the legal basis for continuing money-laundering proceedings and the associated property attachments; those applicants who sought discharge should be released from the money-laundering charge. Proceedings remain undetermined only for accused who have not secured discharge or whose challenges are pending.
Note: It is a system-generated summary and is for quick reference only.