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2015 (8) TMI 1423 - APPELLATE TRIBUNAL, PREVENTION OF MONEY LAUNDERING ACT AT NEW DELHIOffence under PMLA - Provisional Attachment orders - Adjudicating Authority jurisdiction - Held that:- In this case, the provisional attachment order was passed on 31st March, 2014 on the basis of material in the possession of appellant on that day. If, in compliance to the directions of the Adjudicating Authority in terms of order dated 19th September, 2014, further investigation is carried out by the appellant and fresh material is collected and a fresh complaint is filed to confirm the provisional attachment order dated 31st March, 2014, which was passed on the basis of material in the possession of appellant on that day i.e. 31-3-2014, the same would be completely illegal and against the provisions of section 5 of PMLA. In the facts and circumstances and considering the provisions of Section 5 and 8 of PMLA and the scheme of the Act, we are of the view that the Adjudicating Authority has exceeded its jurisdiction by remanding the matter to the appellant with the direction to carry out fresh investigation and file fresh complaint. The directions given by the Adjudicating Authority are beyond the scope of the provisions of Section 8(2) and 8(3) of PMLA. Consequently, the impugned order dated 19-9-2014 is set aside and the matter is remanded back to Adjudicating Authority to pass a speaking order in accordance with law within a period of six months from the date of this order. During the pendency of proceedings before the Adjudicating Authority, the provisional Attachment order shall continue to be in force and in the mean time, all the parties shall maintain status quo in respect of properties attached vide provisional Attachment Order
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