Unlawful outward remittances via Hawala using proforma invoices and electronic records proved; documents admitted, directors penalised, penalties redu...
Attachment of equivalent-value properties as proceeds of crime upheld; preventive attachment order and confirmation sustained; no independent ED reinv...
Broker trading-system "technical glitch" redefinition and narrowed incident-reporting regime for large IBT/STWT brokers requiring 2-hr notice and 14-w...
The definition of proceeds of crime is broad enough to cover property equivalent in value to assets derived from scheduled offences, permitting attachment where original proceeds are unavailable. When an appeal under the Appellate Tribunal is pending against an order under Section 8(3) PMLA, the Special Court should not decide an application under Section 8(7) PMLA; a deemed embargo and the doctrine of merger require deferral, and the Special Court's allowance of such an application was set aside. The appellant's Section 8(8) remedy was correctly dismissed for failure to show quantifiable loss. The confiscation vesting in the Central Government is absolute, and the appeal before the Appellate Tribunal was restored for merits.
The definition of proceeds of crime is broad enough to cover property equivalent in value to assets derived from scheduled offences, permitting attachment where original proceeds are unavailable. When an appeal under the Appellate Tribunal is pending against an order under Section 8(3) PMLA, the Special Court should not decide an application under Section 8(7) PMLA; a deemed embargo and the doctrine of merger require deferral, and the Special Court's allowance of such an application was set aside. The appellant's Section 8(8) remedy was correctly dismissed for failure to show quantifiable loss. The confiscation vesting in the Central Government is absolute, and the appeal before the Appellate Tribunal was restored for merits.
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