Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
PMLA - Highlights / Catch Notes

Home Highlights October 2021 Year 2021 This

Freezing of petitioner's Bank Account - allegations of ...


High Court Rules Against Unilateral Hearings by ED, Sets Aside Orders u/s 17(1A) PMLA for Transparency.

October 29, 2021

Case Laws     Money Laundering     HC

Freezing of petitioner's Bank Account - allegations of corruption and money laundering were levelled - diversion of funds - It would not be permissible for the complainant-ED to show any documents or material to the Adjudicating Authority outside of the hearing being given, or behind the back of the parties concerned. The hearing has to also be transparent and in the presence of the parties concerned. Unilateral hearings in the absence of the opposing party would not be permissible before the AA. - The impugned order under Section 17(1A) of the PMLA in all these petitions, as also the orders passed by the Adjudicating Authority under Section 8 of the PMLA dated 28th December 2020, are set aside - HC

View Source

 


 

You may also like:

  1. Service tax demand on Goods Transport Agency (GTA) services rendered on reverse charge basis set aside as appellant did not collect service tax from service recipient....

  2. The impugned order violated principles of natural justice by failing to provide an opportunity of hearing to the Petitioner, despite a written request, contravening...

  3. HC set aside the order disallowing Input Tax Credit (ITC) u/s 17(5) of GST Act. The revenue authorities failed to specify which clause u/s 17(5) was invoked for ITC...

  4. Principles of natural justice violated as petitioner denied opportunity of hearing before passing adverse order. Coordinate bench ruling in BHARAT MINT case affirmed -...

  5. The High Court dismissed the application challenging the freezing orders issued by the Enforcement Directorate u/s 17 and Section 17(1-A) of the Prevention of Money...

  6. Cognizance of money laundering offense by Trial Court valid despite ongoing investigation. Retrospective applicability of Explanation-II to Section 44(1)(b) PMLA upheld....

  7. The HC set aside the impugned order dated 9 March 2009 passed by the Special Director (Enforcement) due to inordinate and unexplained delay between the conclusion of...

  8. Challenge to non-speaking order of assessment and consequential rectification order. Order passed without considering objections, violating principles of natural justice....

  9. Money Laundering - Compliance of summons issued by the petitioner, ED u/s 50 - District Collectors to appear before the ED - The Supreme Court expressed disapproval of...

  10. Gross violation of CBEC instructions and the precedential value of CESTAT decisions. The Revenue filed an appeal before the first Appellate Authority without specifying...

  11. The court held that the impugned order was passed in violation of principles of natural justice as no opportunity of personal hearing was provided to the petitioner...

  12. Order set aside for violation of principles of natural justice by denying petitioner opportunity of oral hearing before passing adverse assessment order raising excess...

  13. The Customs, Excise and Service Tax Appellate Tribunal (CESTAT) allowed the appeals by remanding the matter back to the original authority. The Tribunal held that the...

  14. The appellant argued that no criminal activity was attributed to him or his business, nor was he named in the FIR or chargesheet filed by the CBI, and therefore, the...

  15. The Allahabad High Court addressed the denial of a personal hearing in a tax assessment case, emphasizing the mandatory nature of such hearings u/s 75(4) of the U.P. GST...

 

Quick Updates:Latest Updates