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SC Protects CA: Issuing Form 15CB Not Abetment of Money Laundering

Case Law Details

TaxGuru Citation
2025 taxguru.in 10882
Case Name
K. Murali Krishna Vs Deputy Director (Supreme Court of India)
Date of Judgement/Order
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K. Murali Krishna Vs Deputy Director (Supreme Court of India)

Issuing Form 15CB Bona Fide Not ‘Assisting’ Under PMLA: Supreme Court Upholds Madras HC Order- Professional Duty ≠ Criminal Liability – SC Affirms Madras HC Relief to Chartered Accountant

Background

Petitioner, K. Murali Krishna Chakrala, a practicing Chartered Accountant, was prosecuted by the Directorate of Enforcement (ED) under the Prevention of Money-Laundering Act (PMLA), 2002. The allegation was that he had issued five Form 15CB certificates to a Chennai-based entity, M/s B.K. Electro Tool Products, which allegedly engaged in bogus import transactions & illegal outward remittances through fictitious accounts. The CA had certified those remittances under Rule 37BB of the Income-tax Rules, 1962, based on the documents & declarations furnished by his client. ED contended that such certification amounted to “knowingly assisting” in the process of laundering, attracting Section 3 PMLA.

High Court Decision (08-08-2024 – Madras HC – 457 ITR 579 (Mad.))

The Madras High Court examined the scope of a CA’s obligation while issuing Form 15CB & drew a sharp distinction between professional certification & active complicity.

Key findings:

  • The CA’s role under Rule 37BB is confined to verifying the taxability & applicability of TDS on the remittance.
  • He is not expected to investigate the genuineness of the underlying commercial transaction or the authenticity of import documents.
  • Unless the CA had knowledge or intent that the documents were forged, no offence under Section 3 PMLA could be made out.
  • The High Court therefore discharged the Petitioner, holding that issuing Form 15CB in the ordinary course of professional duty does not constitute “assistance in laundering”.

Proceedings Before the Supreme Court

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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 6,879

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