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2023 (9) TMI 200

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..... he second respondent in this case, referred the matter to Benami Prohibition Wing of the Income Tax Department - HELD THAT:- Today the petitioner has made conflicting statement regarding the ownership of the property. First he made a statement that it belonged to Sultan Foumi, later he changes his statement and states that it is his own money. Now it is this inconsistency that has prompted the authority to grant sanction under Section 55 of the Act for prosecuting the petitioner. After weighing the rival submissions, this Court considers that it is too premature stage for this Court to interfere with the decision of the first respondent to accord sanction for prosecution under Section 55 of the Act. So far as certain contradictory sta .....

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..... custody by the police. During interrogation, the petitioner had told the police official that the bag was handed over to him by his employer, Sultan Foumi. The police official then took the petitioner to the income tax office for the latter to probe into it. ● According to the petitioner, he is a native of Ramanathapuram, and was a school drop-out and that he came to Chennai in search of a job and got one under the aforesaid Sultan Foumi, who had a shop in Burma Bazaar, Chennai. ● While so, on 06.10.2018, Sultan Foumi entrusted a bag to the petitioner. The petitioner did not know what the bag contained. Even though the petitioner had provided the cellphone number and address of his employer Sultan Foumi, the I.T Official, .....

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..... lso shared three mobile numbers of his employer Sultan Foumi, and also the latter's residential address, and also offered to show his residence. The proceedings for the day was then concluded. On 10.10.2018, the recording of the statement continued. On that date, it was confronted to the petitioner by the authority that at the address given by the petitioner, it was discovered that the petitioner's employer was staying with certain Amjath, and as per the information provided by the manager of the apartment, Sultan Foumi had not visited the apartment for more than a week. Since Sultan Foumi was not in the address given, the petitioner was asked to explain the same. And the petitioner with all innocence had replied that he only knew t .....

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..... t while he was walking close to the Collectors Office bus stop to go to his native place, he was intercepted by the police. This statement is diametrically contrary to what he has given when he gave a statement under Sec.131(1A) of the I.T. Act. 4.2 The learned counsel added that under Sec. 2(9)(A) of the Act, the benami transaction is defined inter alia as a transaction or an arrangement - the property is held for immediate or future benefit, direct or indirect, of the person who has provided the consideration.. , but it is subject to certain statutory exceptions. Under Sec.2(9)(B) it includes any transaction or arrangement in respect of a property carried on or made a fictitious name . Under Sec.2(9)(D), it also includes a transacti .....

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