Depreciation and routine compliance expenses disallowance did not prove inaccurate particulars or misreporting; penalty sustained only on foreign trav...
Provisional attachment under the second proviso to section 5(1) is upheld where the officer records specific reasons to believe non-attachment would frustrate proceedings; the commentary rejects the appellant's excessive-attachment claim, noting FIR allegations are investigatory starting points and quantum of proceeds requires separate ED inquiry. The reverse burden under section 8(1) obliges the person served to substantiate lawful sources for attached property; failure to produce documentary evidence permits treating the asset as proceeds of crime. Income tax filings declaring tainted receipts do not negate PMLA liability. The article concludes the respondent established a money trail and the attachment and proposed confiscation stand undisplaced.
Provisional attachment under the second proviso to section 5(1) is upheld where the officer records specific reasons to believe non-attachment would frustrate proceedings; the commentary rejects the appellant's excessive-attachment claim, noting FIR allegations are investigatory starting points and quantum of proceeds requires separate ED inquiry. The reverse burden under section 8(1) obliges the person served to substantiate lawful sources for attached property; failure to produce documentary evidence permits treating the asset as proceeds of crime. Income tax filings declaring tainted receipts do not negate PMLA liability. The article concludes the respondent established a money trail and the attachment and proposed confiscation stand undisplaced.
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