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 May 2025 Year 2025 This

AT adjudicated a case involving fraudulent loan procurement and ...


Fraudulent Loan Procurement Case: Rs. 8 Crore Scam Resolved with Asset Auction and Creditor Rights Protection

May 26, 2025

Case Laws     Money Laundering     AT

AT adjudicated a case involving fraudulent loan procurement and property mortgage. The accused obtained Rs. 8 Crore from a finance company using forged documents during July-August 2013. A property measuring 833 square yards was mortgaged and subsequently auctioned by Phoenix Asset Reconstruction Company Ltd. in five separate auctions between September 2015 and March 2016. The ED's Provisional Attachment Order issued in October 2018 was deemed invalid, as the property rights of the secured creditor prevailed. The tribunal directed the appellant to tender any excess auction proceeds to ED via FDR, enabling unsecured creditors to claim potential surplus funds before the PMLA court. Appeal was disposed of with specific directional instructions.

View Source

 


 

You may also like:

  1. Right of the auction purchaser of the property - Right of the Defaulter of Loan / Borrowers to redeem the secured property - in accordance with the unamended Section...

  2. AT adjudicated a foreign exchange contravention case involving unauthorized receipt of funds from outside India. The tribunal found violations under Sections 3(c) and...

  3. Penalty u/s 271B - no tax audit conducted u/s 44AB - bonafide belief - When Gross profit is more than Rs.4 crores, it means the Gross Receipts were definitely more than...

  4. Nexus between loans taken from SBH and PNB initially advanced to Nandan Corporation and subsequently transferred Rs. 5 crore from Nandan Corporation to Tripoli...

  5. Contravention of Sections 8(1) and 9(1)(f)(i) of the Foreign Exchange Regulation Act, 1973 - receiving foreign exchange payments in 1996-97 through fake export documents...

  6. The Lok Sabha passed the Finance Bill 2025 with 35 government amendments, including the abolition of a 6% digital tax on online advertisements. This completes the lower...

  7. Direct tax collections for FY 2023-24 as of 17.06.2023 show net collections of Rs. 3,79,760 crore, a growth of 11.18% compared to the preceding year. - Gross collections...

  8. The GOI officially refutes claims of proposed GST on UPI transactions over Rs.2,000, confirming no such taxation measure exists. CBDT has eliminated Merchant Discount...

  9. Agricultural land which is beyond 8 Kms from municipal limits is not a capital asset - AT

  10. The ITAT held: Interest expenditure on unsecured loans is allowable deduction u/s 57(iii) as borrowed funds were utilized for advancing loans earning interest income,...

  11. Direct tax collection for 2024-25 fiscal narrowly achieved target, reaching Rs 22.26 lakh crore with 13.57% growth. Despite issuing record refunds of Rs 4,76,743 crore...

  12. The GoI through DPIIT has revised eligibility criteria for Industrial Entrepreneurs Memorandum (IEM) acknowledgment, increasing investment thresholds for large-scale...

  13. AT affirmed provisional attachment of properties mortgaged by appellant banks in money laundering case. The tribunal recognized potential collusion between bank...

  14. The Indian Finance Minister's upcoming FY2025-26 Budget presentation focuses on critical fiscal metrics and consolidation targets. The government aims to reduce fiscal...

  15. Appellant was found guilty of contravening Sections 8(3) read with 8(4) and Sections 8(3) read with 8(4) read with Section 64 of FERA for over-invoicing imported books...

 

Quick Updates:Latest Updates