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Properties mortgaged with bank prior to alleged offense under PMLA couldn't be provisionally attached

August 2, 2019[2019] 107 taxmann.com 255 ((PMLA-AT), NEW DELHI)
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FEMA, BANKING & INSURANCE: Where appellant bank sanctioned loan facilities to borrowers against mortgage of various properties and, subsequently, respondent-department finding that said borrowers siphoned money from various Indian banks, initiated proceedings under Act in course of which properties mortgaged with appellant bank were provisionally attached, in view of fact that properties so mortgaged were purchased many years prior to dates of offence committed by borrowers-accused and, thus, could not be a part of alleged proceeds of crime, impugned provisional attachment order was to be set aside

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