Bombay High Court Dismisses ED Appeals, Diverts Half the Interest on Rs 46.5 Crore Deposit to Armed Forces Fund
The court said the ED failed to show the SPCL payments to Nitesh Thakur were proceeds of crime.
Overview
- A bench of Justices Ajay Gadkari and R. R. Bhonsale upheld the PMLA Appellate Tribunal’s 2019 ruling in favor of Shapoorji Pallonji & Company Ltd.
- The Registry was directed to return the Rs 46.5 crore principal that the ED deposited in 2019 to SPCL.
- Fifty percent of the interest accrued on that deposit must be paid to the Armed Forces Battle Casualties Welfare Fund to balance equities and support families of fallen soldiers.
- The judges held the ED had not proved bribery or any criminal link to SPCL’s payments to Nitesh (Nilesh) Thakur.
- The case arose from Rs 141.5 crore advanced from 2005 for about 900 acres near Alibaug and Pen, recorded as tax-booked advances during periods when Thakur was on unsanctioned leave.