PayPal Challenges Delhi High Court Ruling on Payment System Operator Status

Online Payment Gateway Fights Compliance with Reporting Obligations under PMLA

Aug 25, 2023 - 09:49
PayPal Challenges Delhi High Court Ruling on Payment System Operator Status

American connected to the internet fee arch PayPal has filed a petition accompanying the Delhi High Court opposite to a prior order that named it as a "fee systems analyst" under the Prevention of Money Laundering Act (PMLA), consequently needing agreement accompanying "newsgathering responsibilities" outlined inside the act.

The Senior counsel describing PayPal maintained before a board presided over by Chief Justice Satish Chandra Sharma, maintaining that the initial order circulated by a alone judge of the superior court was wrong. Senior advocate Mukul Rohatgi, performing for someone the appellant, further stressed that the distinct judge's ruling take care of not hinge, specifically in light of a current trial court conclusion focusing on the fee systems analyst issue. The bench, that further contained Justice Sanjeev Narula, due the appeal for further hearings in September.

In a current development, the Delhi High Court removed Public Interest Litigations (PILs) pursuing the delay of Google Pay's movements, considering it a "mere tertiary-body app householder" and not a "fee method wage earner." The court underscored that Google Pay does not demand permission from the Reserve Bank of India (RBI).

Previously, on July 24, a alone judge had upside-down a Rs 96 lakh punishment imposed on PayPal by India's Financial Intelligence Unit (FIU) for asserted disobedience accompanying "newsgathering responsibilities" had connection with anti-services laundering standards. The judge too decided that PayPal endure be classified as a "fee systems analyst" and accordingly at the mercy of the matching "reporting responsibilities."

The alone judge's resolution stood from a petition ground by PayPal fighting the penalty assessed apiece FIU.

PayPal conjured Reserve Bank of India (RBI) directions to argue that it exclusively functions as an Online Payment Gateway Service Provider, forgive the description of a "fee systems analyst" or "economic organization," and subsequently not classification as a "newsgathering body" under the PMLA.

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