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    <title>2017 (1) TMI 1114 - MADRAS HIGH COURT</title>
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    <description>Forfeiture under SAFEMA could not be sustained on suspicion alone where the affected person produced credible material showing lawful source of acquisition. The Act requires recorded reasons for notice, places a statutory burden on the person affected, and empowers the Tribunal to make further inquiry and assess evidence. Here, original receipts and supporting documents were produced to explain that the house property and bank deposit came from family assets and sale proceeds of jewellery; rejection based mainly on late production and an unusual sale pattern was inadequate. The Court held that the authorities and Tribunal had to evaluate the evidence strictly under the statutory scheme, and the forfeiture proceedings were set aside.</description>
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    <pubDate>Thu, 12 Jan 2017 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=338034</link>
      <description>Forfeiture under SAFEMA could not be sustained on suspicion alone where the affected person produced credible material showing lawful source of acquisition. The Act requires recorded reasons for notice, places a statutory burden on the person affected, and empowers the Tribunal to make further inquiry and assess evidence. Here, original receipts and supporting documents were produced to explain that the house property and bank deposit came from family assets and sale proceeds of jewellery; rejection based mainly on late production and an unusual sale pattern was inadequate. The Court held that the authorities and Tribunal had to evaluate the evidence strictly under the statutory scheme, and the forfeiture proceedings were set aside.</description>
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