<?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>PMLA attachment overrides secured creditor priority, with release or restoration to be sought before the Special Court.</title>
    <link>https://www.taxtmi.com/highlights?id=98080</link>
    <description>Attachment under the PMLA prevails over a secured creditor&#039;s claim to priority under the SARFAESI Act and the RDB Act, because the PMLA operates for confiscation of proceeds of crime and has an overriding effect. The Tribunal&#039;s view that the recovery statutes displaced PMLA attachment was unsustainable, and the release of the attached properties on that basis was set aside. Where attachment has been confirmed and the criminal process has commenced, a claimant with a legitimate interest must pursue release or restoration before the Special Court under section 8(8) of the PMLA. The respondent-Bank was therefore given liberty to seek that remedy, while factual issues on proceeds of crime were left open.</description>
    <language>en-us</language>
    <pubDate>Thu, 26 Mar 2026 09:05:24 +0530</pubDate>
    <lastBuildDate>Thu, 26 Mar 2026 09:05:24 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=892911" rel="self" type="application/rss+xml"/>
    <item>
      <title>PMLA attachment overrides secured creditor priority, with release or restoration to be sought before the Special Court.</title>
      <link>https://www.taxtmi.com/highlights?id=98080</link>
      <description>Attachment under the PMLA prevails over a secured creditor&#039;s claim to priority under the SARFAESI Act and the RDB Act, because the PMLA operates for confiscation of proceeds of crime and has an overriding effect. The Tribunal&#039;s view that the recovery statutes displaced PMLA attachment was unsustainable, and the release of the attached properties on that basis was set aside. Where attachment has been confirmed and the criminal process has commenced, a claimant with a legitimate interest must pursue release or restoration before the Special Court under section 8(8) of the PMLA. The respondent-Bank was therefore given liberty to seek that remedy, while factual issues on proceeds of crime were left open.</description>
      <category>Highlights</category>
      <law>Money Laundering</law>
      <pubDate>Thu, 26 Mar 2026 09:05:24 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/highlights?id=98080</guid>
    </item>
  </channel>
</rss>