TaxTMI 
TaxTMI 
2025 (3) TMI 1622
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....ecisions)<br>Dated:- 20-3-2025<br>FPA-PMLA- 2012/KOL/2017, FPA-PMLA- 2013/KOL/2017, FPA-PMLA- 2014/KOL/2017, FPA-PMLA- 2015/KOL/2017, FPA-PMLA- 2016/KOL/2017, FPA-PMLA- 2017/KOL/2017 and others - -<br>PMLA<br>FPA-PMLA-2018/KOL/2017, FPA-PMLA-2019/KOL/2017, FPA-PMLA-2020/KOL/2017, FPA-PMLA-2021/KOL/2017, FPA-PMLA-2022/KOL/2017, FPA-PMLA-2023/KOL/2017, FPA-PMLA-2024/KOL/2017, FPA-PMLA-2025/KOL/2017, FPA-PMLA-2026/KOL/2017, FPA-PMLA-2027/KOL/2017, FPA-PMLA-2028/KOL/2017, FPA-PMLA-2029/KOL/2017, FPA-PMLA-2030/KOL/2017, FPA-PMLA-2031/KOL/2017 and FPA-PMLA-2032/KOL/2017 RAJESH MALHOTRA (MEMBER) AND G. C. MISHRA (MEMBER) For the Appellants : Mr. Anil Kochar, Ms. Richa Choudhary, Adv. For the Respondent: Mr. N. K. Matta, & Aaditya Raj Shar....
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.... 11. Shamsad Begum 0565010142751 UBI Metiabruz Branch 7,92,191/- 12. M/s Unipon Merchants Pvt. Ltd. 0565050012477 UBI Metiabruz Branch 79,99,597/- 13. M/s Unipon Merchants Pvt. Ltd. 0565100472654 UBI Metiabruz Branch 10,00,000/- 14. M/s Unipon Merchants Pvt. Ltd. 0565100472661 UBI Metiabruz Branch 10,00,000/- 15. M/s Unipon Merchants Pvt. Ltd. 0565100472678 UBI Metiabruz Branch 10,00,000/- 16. M/s Unipon Merchants Pvt. Ltd. 0565100472685 UBI Metiabruz Branch 10,00,000/- 17. M/s Unipon Merchants Pvt. Ltd. 0565100472692 UBI Metiabruz Branch 10,00,000/- 18. ....
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....ount of Rs. 58,50,000/- in the A/c of Sabina Laskar, in the United Bank of India, Metiabruz Branch, an enquiry was initiated which revealed that in her normal saving account huge amount of Rs. 58,50,000/- was deposited in the account on 17.11.2016; and thereafter Rs. 50,00,000/- was transferred to the current account of M/s Unipon Merchants Pvt. Ltd. in the same branch on 28.11.2016. It was also observed the total amount of Rs. 4,00,00,000/- was transferred to the account of M/s Unipon Merchants Pvt. Ltd. from a total nine Saving Bank accounts maintained with the same Bank. On enquiry, it was revealed that said nine accounts belongs to the present appellants Sh. Munsur Ali Lasker. On examination of the original account opening forms and ....
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....nipon Infrastructure & Marine Ltd., M/s Unipon Hospital & Medical Sciences Pvt. Ltd. and M/s Unipon Exports Pvt. Ltd. etc. under management and control of Munsur Ali Laskar. Total amount of Rs. 1.25 Crores was deposited in cash amounts in the old demonetized Rs. 500 and 1000 currency notes in the account of M/s Akhileshwar Properties Limited, and an amount of Rs. 4,00,00,000/- was transferred from the account of M/s Unipon Merchants Pvt. Ltd., and the same has gone towards repayment of overdrafts. Accordingly, matter was referred to Anti-Corruption Bureau of CBI, Kolkata. CBI registered an FIR No. RC0102016 A0040 dated 30.12.2016 against Munsur Ali Laskar alias Babulal Laskar and his associates and his others group of companies. For Commiss....
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....ence of Money Laundering, as alleged, because the amount in the Bank accounts of the appellants cannot be presumed to be 'Proceeds of Crime'. The said amount deposited in their accounts totaling to Rs. 9,01,98,000/- was in fact the undisclosed income of the appellants and their family members earned from the business activities. The reply filed by the appellant was discarded by the Adjudicating Authority. He stressed that Ld. Adjudicating Authority simply proceeded on presumptions and assumptions by treating the said deposits, as 'proceeds of crime' without appreciating the fact that being the undisclosed income of the appellants, the appellants were compelled to deposits the said amounts on account of demonetization of currency. The appell....
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....produced in para number 3 above. He failed to point out any material grounds for allowing the present appeals. From the facts of the case, it is clearly discernable that the present appellants indulged in the racket of converting the demonetized currency notes of Rs. 500 and 1000 to the authorized new currency. We are not inclined to evaluate the incriminating evidence, collected by the investigating agency, as it will seriously pre-judice the interest of the either party. Moreover, charges are already stated to be framed against them. PAO is clearly confirmed within the period of 180 days as pointed out by Ld. Counsel for the respondent ED in the preceding para. The letter dated 05.01.2017 and 27.01.2017 issued to the bankers by the Assist....