Proceeds of crime and money laundering: PMLA prosecution requires subsisting predicate offence; discharge of predicate accused precludes further prose...
Validity of faceless assessment procedure challenged for jurisdictional AO intervention mid-remand, resulting in quashing of assessment for procedural...
Examines application of the Prevention of Money Laundering Act to proceeds derived from predicate offences, holding that use of criminal proceeds in construction constitutes money laundering attracting PMLA liability and attachment. Emphasises money laundering as a continuing offence, the statutory presumption shifting burden to the accused in money laundering prosecutions, and the distinctness of the PMLA offence from scheduled/predicate offences (so no double jeopardy), permitting concurrent sentences. Notes the retrospective and overriding effect of PMLA and affirms conviction on the trial court record based on oral and documentary evidence establishing possession, acquisition and use of proceeds.
Examines application of the Prevention of Money Laundering Act to proceeds derived from predicate offences, holding that use of criminal proceeds in construction constitutes money laundering attracting PMLA liability and attachment. Emphasises money laundering as a continuing offence, the statutory presumption shifting burden to the accused in money laundering prosecutions, and the distinctness of the PMLA offence from scheduled/predicate offences (so no double jeopardy), permitting concurrent sentences. Notes the retrospective and overriding effect of PMLA and affirms conviction on the trial court record based on oral and documentary evidence establishing possession, acquisition and use of proceeds.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4811 
Join Channel 
