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    <title>2019 (8) TMI 1912 - APPELLATE TRIBUNAL, PREVENTION OF MONEY LAUNDERING ACT, NEW DELHI</title>
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    <description>Freezing, retention and provisional attachment under the Prevention of Money Laundering Act operate only where the statutory preconditions are strictly met, including recorded reasons to believe, compliance with prescribed procedure and adherence to the distinct fields of search and attachment powers. The article also notes that attachment requires material showing a prima facie nexus between the property and proceeds of crime. On the facts discussed, the Tribunal treated supported business receipts, invoices, statutory records and bank entries as insufficiently linked to proceeds of crime, especially where the person was not named in the scheduled offence or charge-sheeted. The discussed result was release of the bank accounts after the freeze and attachment were found unsustainable.</description>
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    <pubDate>Thu, 29 Aug 2019 00:00:00 +0530</pubDate>
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      <title>2019 (8) TMI 1912 - APPELLATE TRIBUNAL, PREVENTION OF MONEY LAUNDERING ACT, NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=458061</link>
      <description>Freezing, retention and provisional attachment under the Prevention of Money Laundering Act operate only where the statutory preconditions are strictly met, including recorded reasons to believe, compliance with prescribed procedure and adherence to the distinct fields of search and attachment powers. The article also notes that attachment requires material showing a prima facie nexus between the property and proceeds of crime. On the facts discussed, the Tribunal treated supported business receipts, invoices, statutory records and bank entries as insufficiently linked to proceeds of crime, especially where the person was not named in the scheduled offence or charge-sheeted. The discussed result was release of the bank accounts after the freeze and attachment were found unsustainable.</description>
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      <law>Money Laundering</law>
      <pubDate>Thu, 29 Aug 2019 00:00:00 +0530</pubDate>
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