CIRP - applicability of provisions of PMLA - Provisional ...

Case Laws Insolvency and Bankruptcy

February 27, 2023

CIRP - applicability of provisions of PMLA - Provisional attachment order - Merely because the impugned order records alleged fraudulent transactions and diversion of funds, it cannot automatically lead to a conclusion that the properties acquired by the petitioners are proceeds of crime. In order to arrive at a conclusion that ‘reason to believe’ exists, there must be some material to suggest such formation of opinion. - HC

View Source

← Previous Next →

CIRP - applicability of provisions of PMLA - Provisional ...

Case Laws Insolvency and Bankruptcy

February 27, 2023

You may also like:

Provisional attachment - Expiry of 80 days mandatory period for confirmation of the provisional attachment u/s 5 of PMLA - Applicability of decision of Supreme Court for...

Validity of the provisional attachment order - Money Laundering - The authorities, after elaborate discussion, made a finding that he has a reason to believe that the...

Money laundering - provisional attachment orders - Non-obstante clause in the IBC and PMLA - overriding effect - the power to attach under the PMLA would not fall within...

Offence under PMLA - Provisional Attachment Order - Recording of reason to believe under the said provision is not a formality rather it is the duty of the authorized...

Money Laundering - Jurisdiction of lower court - If the ED wants to invoke the provisions of the PMLA to discern the offence under Section 3 of the PMLA, the designated...

Clarification in relation to applicability of provision of Customs Act to Cruise Tourism

MAT applicability - Provisions of sec.115JB are not applicable to the banking company - AT

Grant of bail - Money Laundering - illegal mining - The High Court found sufficient grounds under PMLA for the charges, as the proceeds of the crime were derived...

CIRP process - The Accounting Conventions cannot supersede any express provisions of the laid down provisions of the specific law on the subject. The I&B Code, 2016...

Applicability of provisions of Section 44BBB - Once the provisions and Section 44BBB are not applicable to domestic company, there were no justification even to place...

Validity of Provisional attachment - Admittedly, except saying that the orders of provisional attachment are passed in order to protect the interest of the Government...

Denial of provisional assessment of the goods as per the provisions of Rule 7 of the Central Excise Rules, 2002 - rejection of request of provisional assessment only...

Rectification u/s 154 by CIT(A) - date of applicability of provision of Section 56(2)(viib) - we are not interpreting the provision as such as to the date of...

Time limit to file application u/s 80G(5) - assessment of trust - The tribunal interpreted the provisions in light of the Budget Speech of the Hon’ble Finance Minister...

Seeking release of petitioner - Right to Sleep - The High Court found that the petitioner was not detained when he entered the Enforcement Directorate (ED) office under...

Quick Updates: