<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>ED wins appeal as provisional attachment of properties upheld in money laundering case involving illegal liquor manufacture</title>
    <link>https://www.taxtmi.com/highlights?id=89734</link>
    <description>The AT allowed ED&#039;s appeal against the Adjudicating Authority&#039;s order setting aside provisional attachment of properties in a money laundering case involving illegal IMFL manufacture. The AT held that the Joint Director was competent to issue the PAO in the Deputy Director&#039;s absence, and subsequent filing of the Original Complaint by the Deputy Director was valid. The material before the Joint Director sufficed to form reasonable belief under Section 5 of PMLA for provisional attachment. Documents gathered post-PAO but pre-OC filing could be relied upon by the Adjudicating Authority. The seven-year delay between ECIR recording and PAO issuance did not invalidate the attachment, particularly given respondents&#039; non-cooperation. No prior opportunity was required before PAO issuance to rebut Section 24 presumption. The property attachment was confirmed and appeal allowed.</description>
    <language>en-us</language>
    <pubDate>Tue, 24 Jun 2025 08:25:59 +0530</pubDate>
    <lastBuildDate>Tue, 24 Jun 2025 08:26:11 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=831208" rel="self" type="application/rss+xml"/>
    <item>
      <title>ED wins appeal as provisional attachment of properties upheld in money laundering case involving illegal liquor manufacture</title>
      <link>https://www.taxtmi.com/highlights?id=89734</link>
      <description>The AT allowed ED&#039;s appeal against the Adjudicating Authority&#039;s order setting aside provisional attachment of properties in a money laundering case involving illegal IMFL manufacture. The AT held that the Joint Director was competent to issue the PAO in the Deputy Director&#039;s absence, and subsequent filing of the Original Complaint by the Deputy Director was valid. The material before the Joint Director sufficed to form reasonable belief under Section 5 of PMLA for provisional attachment. Documents gathered post-PAO but pre-OC filing could be relied upon by the Adjudicating Authority. The seven-year delay between ECIR recording and PAO issuance did not invalidate the attachment, particularly given respondents&#039; non-cooperation. No prior opportunity was required before PAO issuance to rebut Section 24 presumption. The property attachment was confirmed and appeal allowed.</description>
      <category>Highlights</category>
      <law>Money Laundering</law>
      <pubDate>Tue, 24 Jun 2025 08:25:59 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/highlights?id=89734</guid>
    </item>
  </channel>
</rss>