Minimum Import Price restrictions for Black Pepper, Areca-nuts and Apples upheld; procedural laying failure not fatal, notifications to be placed befo...
Transaction value between related persons requires market-equivalent pricing; importer must prove declared value mirrors ordinary international trade ...
Classification of exported insecticides under export tariff affirmed; reclassification and related penalties set aside and MEIS scrip jurisdiction rec...
Misclassification between copra and dry coconut: customs recovery and re-valuation quashed for lack of prior licensing-authority invalidation, appeals...
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.