Taxmann's Your Queries on Law Relating to Prevention of Money Laundering | Investigation | Confiscation | Prosecution – Covering question(s) of law on PMLA in a question & answer format


Book Description

This book presents the question(s) of law on the Prevention of Money Laundering Act (PMLA), raised before judicial & quasi-judicial authorities in question & answer format. This book is a curated & practical handbook that is helpful for professionals, the Directorate of Enforcement and litigants. The Present Publication is the latest 2023 Edition and has been amended up to 31st January 2023. This book has been authored by Aditya Ajgaonkar and edited by Justice R.V. Easwar, with the following noteworthy features: • [Comprehensive Question & Answer Format] has been adopted that addresses' the question(s) of law' raised before the Courts, with the following objective: o Assist professionals & officers of the Directorate in formulating legal grounds for challenging actions o Find Case Laws • [Comprehensive Reliance on Case Laws] from the Supreme Court, High Courts and Tribunals set up under the PMLA. This book ensures that the text of the answers stays true to the Judgement/Order from which they are derived • [Question Index] has been incorporated in this book that is designed to not only aid the research but also to give ideas Reviewed by Hon'ble Mr Justice S. Ravindra Bhat – Judge | Supreme Court of India "This work is highly comprehensive and an extremely useful ready reckoner for practitioners dealing with PMLA laws, adjudicators and the judges as it provides answers to the contentions in a classical Socratic question-answers (Q-A) format, saving crucial time of the reader. What's most impressive about the book is that it addresses all complex and ancillary issues in a clear and coherent manner. With a novel Q-A approach adopted in the book, one can easily understand both the state of the law on the subject and the direction courts may adopt in the near future." Reviewed by Hon'ble Mr Justice Vibhu Bakhru – Judge | High Court of Delhi "With the ever-widening import of PMLA, this book, in its question-and-answer format, will serve as an excellent practitioner's guide in the field This book endeavours to bring more clarity to the interpretation and application of the enactment." Reviewed by Dr K. Shivaram – Senior Advocate | KSA Legal Chambers "This publication will be an immense guide to Advocates, Chartered Accountants, Tax Practitioners, Revenue Officers, as well as citizens to understand the law and procedure of the Prevention of Money Laundering Act. It will be useful to prepare the appropriate reply to show cause notices and to make representations before the authorities." The contents of the book are as follows: • Proceeds of Crime • Attachment • Adjudication and Confiscation • The Powers of the Appellate Tribunal • The Powers of the High Court • Investigation under the Prevention of Money Laundering Act • Arrest and Bail • Powers of the Special Court • The Enforcement Directorate and other Agencies • Interplay with Scheduled Offences • Interplay with other Statutory Laws • Burden of Proof




Anti Money Laundering Laws in India


Book Description

Money laundering is the process of transforming the proceeds of crime and corruption into ostensibly legitimate assets. In a number of legal and regulatory systems, however, the term money laundering has become conflated with other forms of financial and business crime, and is sometimes used more generally to include misuse of the financial system (involving things such as securities, digital currencies, credit cards, and traditional currency), including terrorism financing and evasion of international sanctions. Most anti-money laundering laws openly conflate money laundering (which is concerned with source of funds) with terrorism financing (which is concerned with destination of funds) when regulating the financial system.Some countries define money laundering as obfuscating sources of money, either intentionally or by merely using financial systems or services that do not identify or track sources or destinations.[citation needed] Other countries define money laundering to include money from activity that would have been a crime in that country, even if it was legal where the actual conduct occurred.[citation needed] This broad brush of applying money laundering to incidental, extraterritorial or simply privacy-seeking behaviors has led some to label it financial thoughtcrime.Money laundering is designated as the source of illegally obtained funds covered through a series of transfers and deals in order that those same funds can eventually be made to appear as legitimate income (Robinson). According to Interpol General Secretariat Assembly in 1995, money laundering is any act or attempted act to conceal or disguise the identity of illegally obtained proceeds so that they appear to have originated from legitimate sources.







Advice and Dissent


Book Description

'Few people know more about India's financial system than Dr Y.V. Reddy. And even fewer have the authority that he commands.' - Raghuram Rajan, former RBI governor 'If America had a central bank chief like Y.V. Reddy, the US economy would not have been in such a mess.' - Joseph Stiglitz, economist and Columbia University professor 'One among the brightest intellectuals living in India today...the most eminent central banker of the last decade across the world.' - P. Chidambaram, former Union finance minister 'How did India manage to beat the odds? [It was] largely the result of the sound management and foresight of one man: Yaga Venugopal Reddy.' - Arvind Panagariya, vice-chairman of the Niti Aayog 'I have high regard for him for two reasons. First, his complete integrity. There are very few civil servants like him who are not self-centered. He does not want to please any bureaucrat or minister. Second, his devotion to work. Intellectually, he is very open.' - Bimal Jalan, former RBI governor 'Unlike Alan Greenspan, who didn't believe it was his job to even point out bubbles, much less try to deflate them, Mr Reddy saw his job as making sure Indian banks did not get too caught up in the bubble mentality.' - Joe Nocera, American journalist and author 'Dr Reddy is of a generation that believed public service was the highest calling.' - Karina Robinson, editor, The Banker magazine A journalist once asked Y.V. Reddy, 'Governor, how independent is the RBI?''I am very independent,' Reddy replied. 'The RBI has full autonomy. I have the permission of my finance minister to tell you that.'Reddy may have put it lightly but it is a theme he deals with at length in Advice and Dissent. Spanning a long career in public service which began with his joining the IAS in 1964, he writes about decision making at several levels. In his dealings, he was firm, unafraid to speak his mind, but avoided open discord.In a book that appeals to the lay reader and the finance specialist alike, Reddy gives an account of the debate and thinking behind some landmark events, and some remarkable initiatives of his own, whose benefits reached the man on the street. Reading between the lines, one recognizes controversies on key policy decisions which reverberate even now.This book provides a ringside view of the licence permit raj, drought, bonded labour, draconian forex controls, the balance of payments crisis, liberalisation, high finance, and the emergence of India as a key player in the global economy. He also shares his experience of working closely with some of the architects of India's economic change: Manmohan Singh, Bimal Jalan, C. Rangarajan, Yashwant Sinha, Jaswant Singh and P. Chidambaram. He also worked closely with extraordinary leaders like N.T. Rama Rao, as described in a memorable chapter.As governor of the RBI from 2003 to 2008 he presided over a period of high growth, low inflation, a stable rupee and ample foreign exchange reserves -- a far cry from the 1991 crisis he lived through and describes in vivid detail, when the country had to mortgage its gold to meet its debt obligations. He is credited with saving the Indian banking system from the sub-prime and liquidity crisis of 2008 that erupted shortly after his term at RBI ended.Dr Reddy provides insight into post-crisis reflection undertaken by several global institutions on the international monetary system and financial architecture. In addition, he describes the development of the Fourteenth Finance Commission report, which he chaired, and is considered a game changer.Leavened with his irrepressible sense of humour, Advice and Dissent is a warm, engaging account of a life that moves easily from his career in the districts as a young IAS officer to the higher echelons of policy making, in a trajectory that follows change in the country itself.




The Crime of Aggression


Book Description

A gripping behind-the-scenes account of the dramatic legal fight to hold leaders personally responsible for aggressive war On July 17, 2018, starting an unjust war became a prosecutable international crime alongside genocide, crimes against humanity, and war crimes. Instead of collective state responsibility, our leaders are now personally subject to indictment for crimes of aggression, from invasions and preemptions to drone strikes and cyberattacks. The Crime of Aggression is Noah Weisbord's riveting insider's account of the high-stakes legal fight to enact this historic legislation and hold politicians accountable for the wars they start. Weisbord, a key drafter of the law for the International Criminal Court, takes readers behind the scenes of one of the most consequential legal dramas in modern international diplomacy. Drawing on in-depth interviews and his own invaluable insights, he sheds critical light on the motivations of the prosecutors, diplomats, and military strategists who championed the fledgling prohibition on unjust war--and those who tried to sink it. He untangles the complex history behind the measure, tracing how the crime of aggression was born at the Nuremberg trials only to fall dormant during the Cold War, and he draws lessons from such pivotal events as the collapse of the League of Nations, the rise of the United Nations, September 11, and the war on terror. The power to try leaders for unjust war holds untold promise for the international order, but also great risk. In this incisive and vitally important book, Weisbord explains how judges in such cases can balance the imperatives of justice and peace, and how the fair prosecution of aggression can humanize modern statecraft.




Art of M and A Due Diligence


Book Description

The Art of M&A Due diligence is today's most useful guidebook for uncovering problems and inconsistencies while they are still manageable.