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TMI Blog2019 (8) TMI 135X X X X Extracts X X X X X X X X Extracts X X X X ..... ple Thakur and Shri Varun Kumar Thakur in Ludhiana on 03.08.2011. Indian currency of Rs. 93,48,800/-, laptop, hard disk, mobile phones and certain documents was seized from the office and residence of the above two appellants. In addition, certain documents were also seized from the residence of one Shri Varun Kumar Thakur. The impugned order held that receiving payments totaling Rs. 19,52,85,524/- (including seized amount of Rs. 93,48,800/-) under the instructions of persons resident outside India was in contravention of Section 3(c) of FEMA, 1999. It also held that the appellants were involved in distributing payments totaling to Rs. 18,59,36,724/- under the instructions of persons resident outside India and was in contravention of Sectio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that effect. Smt. Vimla Devi vide her affidavit dated 14.08.2013 has stated that her mother had died on 26.03.2012 and before her death she wanted to sell her four acre agriculture land at Mukerian, District Hoshiarpur, Punjab which was her in name. Accordingly she (Shamsher Singh's mother-in-law) took an advance payment of Rs. 1,00,000,00/- against the sale of the said agriculture land on 20.07.2011, that the cash of Rs. 93,48,0800/- is a part of that money which was kept with Mr. Shamsher Singh by his mother-in-law since she was staying with him till her death. v. That they had sought for cross-examination which was not allowed by the adjudicating authority. Further, they also stated that the statements have been retracted and hence th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r, the adjudicating authority has clearly stated that no such retraction letters have been received in the office of the Directorate of Enforcement as claimed by the appellants. The learned counsel further stated that there are huge number of corroborative statements which have all been detailed out in the adjudication order from various persons who have received money from the appellants, who are not related to him in any way and had received the same under instructions from people abroad. Moreover, a reference was made by the ED to Director, CFSL, Chandigarh for retrieving data out of the hard disk/laptop/mobile phone seized during the search and the CFSL vide its report dated 12.09.2012 reported that Shri Shamsher Singh, the appellant, d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n instructions of Shri Shamsher Singh he had destroyed the fax message received the day before containing names of 38 persons to whom compensatory payments were to be made, had said that the fax was received on a PCO number, that the cash of Rs. 93,48,800/- seized from the premises of Shri Shamsher Singh was kept for distribution as per the fax destroyed, that his employer Shri Shamsher Singh used to receive instructions on phone from various persons in Canada etc. The appellants' contention that they had retracted the statement is a little difficult to accept. The retraction was purportedly done by sending a letter to the Directorate of Enforcement on 15.09.2011 by Shri Shamsher Singh and 04.08.2011by Shri Dimple Thakur. In the case of Sha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has stated that her mother had taken an advance payment of Rs. 1,00,000,00/- against the sale of an agricultural land. However, it was confirmed during the arguments that this sale did not take place. Once the sale did not take place the question of keeping the so-called money belies any rational thinking. Moreover, the Will dated 08.03.2007, which is much prior to the above affidavits, does not anywhere mention any agricultural land belonging to the mother or having been Willed/bequeathed to the wife of the appellant. It is apparent from the above that these are all bereft of any truth and facts. That the appellant has accepted in his statement that this money was kept as a part of hawala proceedings gets proven by their own statements, by ..... X X X X Extracts X X X X X X X X Extracts X X X X
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