https://www.taxtmi.com/caselaws?id=775140 The Appellate Tribunal under SAFEMA at New Delhi dismissed the appeal challenging property attachment under PMLA. The appellant, a public servant accused of possessing disproportionate assets, contended that ED failed to conduct independent investigation of the predicate offence and that attachment violated Section 5(1) conditions. The Tribunal held that ED need not conduct independent investigation of predicate offences as it is not supervisory over police/CBI, but can only identify glaring mistakes in their investigation. The appellant's defence of additional family income lacked documentary evidence and was deemed an afterthought. The Tribunal found conditions under Section 5(1) fulfilled, noting apprehension of property alienation and likelihood of concealment. Even properties acquired from legal income sources can be attached as equivalent value when other assets cannot be practically attached. Against disproportionate assets worth Rs. 2,97,06,108, ED attached only Rs. 52,24,079 worth of assets, making the attachment proportionate and justified. en-us Tue, 08 Jul 2025 00:00:00 +0530 Mon, 21 Jul 2025 08:43:53 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=775140 The Appellate Tribunal under SAFEMA at New Delhi dismissed the appeal challenging property attachment under PMLA. The appellant, a public servant accused of possessing disproportionate assets, contended that ED failed to conduct independent investigation of the predicate offence and that attachment violated Section 5(1) conditions. The Tribunal held that ED need not conduct independent investigation of predicate offences as it is not supervisory over police/CBI, but can only identify glaring mistakes in their investigation. The appellant's defence of additional family income lacked documentary evidence and was deemed an afterthought. The Tribunal found conditions under Section 5(1) fulfilled, noting apprehension of property alienation and likelihood of concealment. Even properties acquired from legal income sources can be attached as equivalent value when other assets cannot be practically attached. Against disproportionate assets worth Rs. 2,97,06,108, ED attached only Rs. 52,24,079 worth of assets, making the attachment proportionate and justified. Case-Laws Money Laundering Tue, 08 Jul 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=775140