The case involves property forfeiture under SAFEMA, which was ...

Property forfeiture challenge denied under SAFEMA & TADA. No nexus needed for notice validity. Appellant's claims lacked proof.

August 14, 2024

Case Laws FEMA AT

The case involves property forfeiture under SAFEMA, which was also part of TADA proceedings. The Appellant's challenge based on different statutes was rejected. The validity of the notice u/s 6 of SAFEMA does not require establishing a nexus with the detainee's income. The argument of violating natural justice principles due to quick decision-making was dismissed. The Appellant's acquisition of Flat No. 604 was deemed legitimate, nullifying the forfeiture. The Appellant, as a tenant, should not be affected by property forfeiture. Lack of evidence led to rejection of challenges regarding other properties and income sources. The Appellant's claims of property acquisition lacked substantiation, leading to the dismissal of challenges against forfeiture.

View Source

← Previous Next →

The case involves property forfeiture under SAFEMA, which was ...

Property forfeiture challenge denied under SAFEMA & TADA. No nexus needed for notice validity. Appellant's claims lacked proof.

August 14, 2024

Case Laws FEMA AT

You may also like:

Property forfeited under SAFEMA was also subject to TADA proceedings. The court held that TADA provisions are distinct from SAFEMA, citing a previous Supreme Court...

SAFEMA - Service of primary notice - illegally acquired properties - relatives of the convict - Competent authority claims that the subject property (to be forfeited) is...

Forfeiture of properties of the first respondent - COFEPOSA - properties and the illegal earnings - The notice proceeds on the footing that once the relationship between...

Validity of provisional attachment order challenged - petitioner lawful owner of property - no notice issued violating natural justice principles - duty on Adjudicating...

Boost to Manufacturing Needed to Address the Job Creation Challenge : Anand Sharma

Legality of notice u/s 6 and Forfeiture of properties u/s 7 of Smugglers and Foreign Exchange Manipulators (Forefeiture of Property) Act, 1976 (SAFEMA) - The Act is not...

Jurisdiction of the Adjudicating Authority (NCLT) to adjudicate upon a closure notice issued prior to the initiation of the Corporate Insolvency Resolution Process...

Challenge to the recovery notices without challenging the order-in-original - service tax was collected but not paid - the petitioner cannot challenge the consequential order - HC

Reassessment action initiated based on Section 148 notice and subsequent Section 148A(b) notice violated the First Proviso to Section 149(1) and was barred by the...

Challenge related to classification of imported goods - light green tinted float glass under CTH 70052110 or CTH 70051010. Invocation of extended period of limitation...

Validity of notice - Reopening of assessment u/s 147 - In the present case, there is an in advertent error in the notice issued by the AO reflecting only the PAN column...

Transfer of case u/s 127 - centralization of case after search - delayed challenge to the order passed u/s 153A - the impugned order came to be passed on 19.02.2019 and...

Validity of order of Tribunal staying the Show Cause Notice - Prohibition of Benami Property Transactions - the SCN under challenge has been issued u/s 26(1) and the...

GST dispute involving misclassification of two-wheeler seats - petitioner challenged bunching of show cause notices for multiple assessment years - HC allowed splitting...

CIRP - Transfer of property under auction - status of "charge" created on the property - Right and liability of the purchaser of property - Even otherwise as per Section...

Quick Updates: