Seized amount prima facie proceeds of crime cannot be treated as income before conclusion of PMLA trial

ACIT Vs State (Delhi High Court)

Delhi High Court held that seized amounts prima facie being proceeds of crime cannot be termed as income of accused as trial in PMLA case is yet to be conclude. Accordingly, it is erroneous to treat such amount as taxable income recoverable by Income Tax Department.

Facts- Petition under Section 482 of the Code of Criminal Procedure, 1973 has been filed on behalf of the Petitioner/Asst. Commissioner of Income Tax (ACIT), to challenge the Order dated 05.02.2018 of learned Special Judge (PC Act), CBI-05, New Delhi, dismissing t

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