PMLA - Fundamental Questions arising under Prevention of Money Laundering Act

Описание: #CASansaar #PMLA #MoneyLaundering
PMLA - Fundamental Questions arising under Prevention of Money Laundering Act.
by CA. Ashwani Taneja, Advocate (Ex Member - ITAT)
   • PMLA - Fundamental Questions arising under...  

Fundamental Questions
1. Which law is governing Anti- Money laundering law in our country?
2. Who is the enforcement Agency under the said law?
3. What is Money Laundering?
4. What are the proceeds of crimes?
5. Whether tax evasion is also Money Laundering or it is different from Money Laundering?
6. Who are the appellate authorities under this law and what are the remedial measures available?
7. What are the consequences if this law is invoked upon any person and/or his properties?
8. What are the punishments for the offenders prescribed under this law?
9. Whether the person who is involved in the offence of Money Laundering alone is affected under the law or any other person connected, associated or dealing with such person may also be adversely affected?
10. What makes this law so harsh with serious implications?
11. Whether the concept of burden of proof under this law is same as is recognised in the Constitution of India or there is any deviation from it?
12. What kind of assets can be attached; whether involved in Money Laundering alone or any other Assets also?
13. Whose assets can be attached i.e. the assets of the person involved in Money Laundering or any other person also?
14. What are the power of the enforcement agencies? whether it has power of survey / search / attachment /confiscation etc also?
15. Whether it has power of arrest also?
16. What is the interplay between this law and other law dealing with the Economic offences?
17. Whether the property acquired out of the tax paid money can also be treated as proceeds of crime & be made liable for attachment / confiscation under this law?
18. Whether the property involved in Money Laundering can also be treated as Benami Property and Vice-versa?
19. What is it’s interplay with Black Money Act, 2015?

There are many more complex issues being faced today by many of us under the new law.

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