1987 (9) TMI 413 - AT - Income Tax

Summary

Issues Involved:
1. Forfeiture of "Rose Villa" property.
2. Forfeiture of one-tenth share in "Syed Villa" property.
3. Application of res judicata and estoppel principles.
4. Legitimacy of the sources of funds for property acquisition.
5. Competence of the Tribunal to direct reimbursement for legitimate funds in forfeited property.

Issue-wise Detailed Analysis:

1. Forfeiture of "Rose Villa" Property:
The Competent Authority ordered the forfeiture of "Rose Villa" property situated in Panchgani, acquired by the appellant for Rs. 60,000 on July 5, 1976. The appellant could only explain Rs. 10,000 of the total investment, with the remaining Rs. 50,000, claimed to be loans from M/s. Hemang Bros. and Mr. Indulal P. Maniar, remaining unproved. The Tribunal confirmed the forfeiture, noting that the appellant failed to produce evidence or witnesses to substantiate the claimed loans.

2. Forfeiture of One-Tenth Share in "Syed Villa" Property:
The appellant's one-tenth share in "Syed Villa," acquired for Rs. 1,79,493, was also subject to forfeiture. The Competent Authority accepted the legitimacy of Rs. 98,854 of the investment. The Tribunal further accepted an additional Rs. 53,750 as explained, leaving Rs. 26,891 unexplained. The Tribunal upheld the forfeiture but allowed the appellant the option to pay a fine of Rs. 32,269 to save the property from forfeiture under Section 9 of the Act.

3. Application of Res Judicata and Estoppel Principles:
The appellant argued that the forfeiture proceedings should not be re-initiated based on different grounds after the previous proceedings were quashed. The Tribunal rejected this argument, stating that the doctrine of res judicata did not apply as the previous proceedings were quashed on technical grounds without adjudication on merits. The Tribunal referenced its earlier decision in FPA No. 17/BOM/85, which allowed for fresh proceedings under new grounds.

4. Legitimacy of the Sources of Funds for Property Acquisition:
The Tribunal examined the sources of funds for the acquisition of both properties. For "Rose Villa," the claimed loans were found to be unsubstantiated. For "Syed Villa," the Tribunal accepted the legitimacy of funds from interest on Gold Bonds and winnings from a jackpot, but rejected the legitimacy of funds claimed to be loans from family members, citing lack of evidence and the dubious nature of the transactions. The Tribunal emphasized the need for the appellant to prove the sources of funds by the rule of preponderance of probability.

5. Competence of the Tribunal to Direct Reimbursement for Legitimate Funds in Forfeited Property:
The Tribunal discussed whether the government should reimburse the appellant for the legitimate portion of the investment in forfeited property. The majority opinion, expressed by the Members, held that there is no provision in the Act requiring such reimbursement. They emphasized that the Act aims to forfeit illegally acquired properties and that considerations of equity should not alter the legislative intent. The Chairman refrained from expressing a firm opinion on this issue, noting its potential far-reaching consequences and the absence of arguments at the bar.

Conclusion:
The appeal was partly allowed. The forfeiture of "Rose Villa" was confirmed, and the appellant was given the option to save her share in "Syed Villa" by paying a fine. The Tribunal rejected the application of res judicata and estoppel principles, upheld the legitimacy of certain sources of funds, and refrained from directing reimbursement for legitimate investments in forfeited property.