Home Case Index All Cases Money Laundering Money Laundering + AT Money Laundering - 2017 (12) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (12) TMI 98 - AT - Money LaunderingOffence under PMLA - provisional attachment order - Held that:- On the similar issue another judgement has been delivered in the matter of Shri Ajay Kumar Gupta Vs. Adjudicating Authority (PMLA) [2017 (8) TMI 135 - MADRAS HIGH COURT]. In the present case that the Hon’ble High Court has dealt with the issue of retrospective effect, the said judgment has binding effect upon us. This Tribunal cannot take the different view as the judgment has been passed between the parties under the PML Act. Full respect has to be given to the said Judgement. The impugned order is set-aside. The appeals are allowed. The attachment order passed u/s 5 was contrary to law. The attached properties shall stand released forthwith. The appellants may take necessary steps to take the possession as per the law. As far as the criminal complaint pending against the appellant, Mr. Satyanarayana, for offence before the Special Court is concerned, the same would be decided as per its own merit and without any influence of the judgement passed by me today. My respected brother who is a member and heard the matter with me though agreed that the appeals are liable to be allowed but he has given his own independent reasons.
|