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Appellate Authority

Seized Cash Can’t Be Held Beyond 180 Days under PMLA Without Due Process

November 4, 2025 684 Views 0 comment Print

Finding procedural lapses in document disclosure, the Tribunal invalidated the ED’s order retaining ₹5.75 lakh seized from Gurudev Jewellers. It reaffirmed that all relied-upon documents must be provided to affected parties to ensure fair adjudication.

Benami Link Confirmed: Tribunal Orders Re-Adjudication on Property Nexus

November 4, 2025 441 Views 0 comment Print

The Tribunal confirmed that a benami transaction occurred when ₹43.5 lakh of unaccounted cash was routed through a third-party firm as an accommodation entry. However, due to inconsistent evidence regarding the link between this benami cash and the attached property, the case was remanded for a new adjudication.

Mind is King – Ponzi Funds – Tribunal Upholds ₹5.5 Crore PMLA Attachment

November 4, 2025 387 Views 0 comment Print

Rejecting claims of legitimate book payments, the Tribunal found that amounts received from Future Maker Life Care were linked to money laundering. It upheld the ED’s attachment orders against Mind is King and its partners.

Money is an Asset Under FEMA: Penalty Upheld in Fraudulent Export Case

November 4, 2025 474 Views 0 comment Print

Appellate Tribunal confirmed that money is a liquid form of asset under FEMA Section 3(d), rejecting the exporter’s argument to the contrary in a fraudulent export scheme. The Tribunal confirmed the contravention but reduced the cumulative penalty from Rs.12 lakh to Rs.6 lakh.

Singapore Property Purchase: Penalty Upheld in FEMA Contravention Case

November 4, 2025 639 Views 0 comment Print

The Appellate Tribunal dismissed the Union of India’s appeal seeking enhancement of the ₹1 crore penalty imposed on two individuals for FEMA violations related to an overseas property purchase. The Tribunal affirmed the Special Director’s decision, holding that the levied penalty was reasonable considering the facts, including the payment of a loan by the father despite the property being in the son’s name.

FEMA Requires Actual Transaction, Not Mere Attempt

November 4, 2025 606 Views 0 comment Print

The Appellate Tribunal held that an attempted foreign exchange transaction is not a contravention under FEMA Section 3(d), as the Act requires an actual financial transaction. The Tribunal dismissed the Enforcement Directorate’s plea for confiscation of ₹89.70 lakh and ordered the refund of the balance after adjusting the penalties.

Tribunal Confirms Benami Nature of Tribal Land Purchases Made Through Driver

October 26, 2025 801 Views 0 comment Print

Gurushree Minerals Pvt. Ltd Vs DCIT (Appellate Tribunal Under Safema At New Delhi) Loan or Land Grab?- Benami Land Purchase through Driver – Tribunal Calls Gurushree Minerals’ Deal a Benami Ruse- Tribunal Confirms Attachment of 30.6 Hectares of Tribal Land Bought by Company The Appellate Tribunal under SAFEMA, New Delhi, vide Final Order dt. 14.10.2025 in […]

Tribunal Upholds Property Attachment under PMLA Even When Acquired Before Crime

October 26, 2025 825 Views 0 comment Print

Roop Singh Yadav Vs Deputy Director Directorate of Enforcement (Appellate Tribunal Under Safema At New Delhi) ED Dams the Flow- From River Beautification to Corruption– Gomti Riverfront Scam – Tribunal Upholds ED’s Attachment of IAS Engineer’s Family Properties in ₹30 Lakh Bribe Case The Appellate Tribunal under SAFEMA, New Delhi, in its Final Order, dismissed […]

Legal Ownership Does Not Shield Property from PMLA Attachment

October 26, 2025 678 Views 0 comment Print

Even properties acquired using personal savings or transferred within family can be attached if linked to proceeds of crime. The Tribunal emphasized intent and connection to criminal funds over formal ownership documents.

Tribunal Rejects 15-Year-Old PMLA Appeals Over Unexplained Delay

October 25, 2025 489 Views 0 comment Print

Appellate Tribunal under SAFEMA dismissed PMLA appeals filed after 5270 days, ruling that excessive delay and lack of vigilance by the appellants made the appeals legally untenable.

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