Benami transaction and beneficial ownership: documentary and circumstantial evidence show payors were true beneficiaries, resulting in PBPTA consequen...
Denial of Preferential Treatment under SAFTA overturned where unchallenged Country of Origin certificate warranted exemption under Notification benefi...
Continuing offence of money-laundering: discharge set aside and proceedings reinstated where laundering continued after inclusion of predicate offence...
Proceedings under the PMLA operate independently of scheduled-offence criminal proceedings, so provisional attachment may target persons not named in the FIR/ECIR where authorised officers possess material indicating possession or processing of proceeds of crime; absence of a named reference does not bar attachment. A preventive provisional attachment requires only 'reason to believe' and was sustained on prima facie material showing routing of demonetised currency, RTGS credits and layering/integration into bank accounts. Voluntary declaration or tax payment under PMGKY does not confer immunity from PMLA action; authorities may attach property of equivalent value where original proceeds are untraceable.
Proceedings under the PMLA operate independently of scheduled-offence criminal proceedings, so provisional attachment may target persons not named in the FIR/ECIR where authorised officers possess material indicating possession or processing of proceeds of crime; absence of a named reference does not bar attachment. A preventive provisional attachment requires only 'reason to believe' and was sustained on prima facie material showing routing of demonetised currency, RTGS credits and layering/integration into bank accounts. Voluntary declaration or tax payment under PMGKY does not confer immunity from PMLA action; authorities may attach property of equivalent value where original proceeds are untraceable.
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