TaxTMI 
TaxTMI 
2019 (1) TMI 831
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....passed by the Adjudicating Authority under the Prevention of Money Laundering Act, 2002 in O.C. No. 893 of 2018 arising out of Provisional Attachment Order No. 03/2018 dated 21.02.2018 in case file no. ECIR/PTZO/05/2017. 2. By the Provisional Order the following movable assets/immovable assets were attached:- A. IMMOVABLE ASSETS/PROPERTIES Sl. No. Sale Deed Description of Properties Value of the Property Properties acquired in the name of i. 15521 dated 15.12.2012 Khata No.-4, Plot No.-58, Thana No.-565, MauzaRatanua, Circle-Dev, Area-04 Decimal alongwith construction, Distt.-Aurangabad Rs. 14,00,000/- Stamp Duty Rs. 84,100/- Reg. & Other charges-Rs. 29,629/- Total-Rs. 15,31,729/- Rajanti Devi (D-3) W/o Sandeep Yada....
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.... I Honda Motorcycle (CBR 150 RG) BR 26J 6006 Rahul Kumar (D-4) 17.05.2016 Rs.1,40,341/- ii Yamaha Motorcycle (FZ-S) JH01-CE 4230 Rahul Kumar 16.11.2016 Rs. 96,390/- iii Passion Pro Motorcycle bearing no. BR26F 5880 Dhanik Lal Mandal (D-2) 2013 Rs. 58,000/- iv. Tractor bearing no. BR02GA-1049 Dhanik Lal Mandal (D-2) 2016 Rs. 6,33,457/- v. Maruti Brezza bearing no. JH09AH 9713 Dhanik Lal Mandal (D-2) 15.09.2017 Rs. 10,69,173/- Total 19,97,361/- D. Available Closing Balance in the bank accounts held in the name of Rajanti Kumari @ Rajanti Devi (D-3), Rahul Kumar (D-4) and others Sl. No. Name of Bank Account Number Account Holder Available Balance as on 31.01.2018 (in Rs.) i. Punj....
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....to be listed first time for hearing on 14th August, 2018. The advance copy served to the ED, however, before the date of hearing the respondent has taken the possession of certain movable/immovable properties. One of them is residential premises. The appellants have filed the affidavit in order to show that the wife and children of Vijay Yadav @ Sandeep Yadav were residing in the immovable property when the possession was taken, the affidavits and documentary evidence have been filed in order to prove the same. Reply as per order dated 14th August, 2018 has been filed by the respondent. During the course of the stay application the learned counsel for the appellant has restricted his relief in the stay application with regard to the followi....
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....and not from the accused party i.e. her husband against whom serious allegations are there. The undertakings are given by the appellant not to dispose of the said property till the appeals are finally decided. It is pressed that these properties be restored subject to the same conditions, however, have no objection if attachment may continue. 5. The contentions of the learned counsel for the respondent is that at the time of taking the possession, no one is residing in the said property. The affidavit in this regard has also been filed. It is also stated by the counsel that the husband is facing trial in very serious offence who is absconding from law. Counsel for the appellant replied that the law would take its own course and they have ....
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....ase of the appellant that the house was not purchased from the proceed of crime. It is admitted by all the appellants that serious charges are levelled against him and the same should be dealt as per law for which they have no objection. With regard to immovable property is concerned, they shall not dispose of till the final decision of the appeal, the same be restored to the original position of the appellant Smt. Rajanti Devi. The undertaking is accordingly accepted. 9. The documents would show that the appellant and her family members were residing in the said house. No useful purpose would be served if the said property is lying vacant for number of years when the trial against her husband is concluded, but on the other hand, the appe....