TaxTMI 
TaxTMI 
2019 (5) TMI 473
X X X X Extracts X X X X
X X X X Extracts X X X X
....ty prior to the date of offence. She is not charged with any offence by any agency. After hearing, we have orally pronounced the order of allowing the appeal, now reasons are to be given below. 3. It is not denied on behalf of respondent that the appellant was not arrayed in the FIR or charge sheeted. She was not involved in schedule offence. No prosecution complaint is pending against her and seller. 4. The brief facts as per appellant are that the complaint made by Dy. Director, Directorate of Revenue Intelligence (DRI), Lucknow, Zonal Office a case was registered at P.S. Kavi Nagar, Ghaziabad (U.P.) as FIR No. 76 of 2015, u/s. 420, 467, 468, 471 & 469 of IPC, on premise of allegations that the accused Manish Jain & Ors. were indulged in making illegal foreign remittance to Hong Kong through Banking channels by submitting fake import documents to the Bank authorities. 5. It was also alleged in the aforesaid FIR that in course of search of the residential & business premises of aforesaid Manish Jain & Associates, various incriminating materials were seized, comprising of huge no. of blank postal wrappers of Hong Kong post & bogus pan cards, ID cards in the name of factiou....
X X X X Extracts X X X X
X X X X Extracts X X X X
....resaid Manish Jain, Rajeev Wadhwa & other associate persons, co-eccused in the case were involved in setting up various fake entities in the name of non-existing persons by forging ID's & opened accounts with the various banks for depositing cash & thereafter, to transfer the same in the account of the such created entities, which was being laundered outside India under the garb of import advance by using fake import documents. It is further observed in the impugned order, as was being claimed, the complainant had reasonably believed, based on the aforesaid investigation that the accused persons & its entities purchased various movable & immoveable properties from the proceeds of crime, thus are involved in money laundering in terms of Sec. 2 (1) (u) r/w Sec. 3 of the Act of 2002. 11. The impugned order was served upon at (with regard to property in question) addressed to the Respondent No. 9 vide Notice dated 21.11.2017, which was served upon the appellant on 29.11.2017, which came to the appellant represented the complainant as well as to the Adjudicating Authority vide letter dated 30.11.2017, which was sent to the concerned authorities under post. 12. The Respondent No. 9....
X X X X Extracts X X X X
X X X X Extracts X X X X
....djudicating Authority confirmed the attachment by passing the impugned order. 15. The appellant is occupying the property in question under her independent title from that of the accused persons, which fact has been asserted by the appellant, by seeking mutation of the property in the record of the municipal authorities and had been remitting the property tax qua property in question before the Municipal authorities, falsifies the claim of the complainant, as to title of Respondent No. 9 in respect of property in question.The copy of Order of mutation of the property in question passed by Deputy Assessor and Collector, Karol Bagh Zone of North Municipal Corporation of Delhi is annexed herewith as Annexure P/9 and the copies of the property tax remitted by the appellant with the Municipal Authorities since Acquisition of its title by the appellant till date are annexed hereto as Annexure P/10. 16. The Respondent no.1 in their reply in Para 18 admitted the fact the property in question is in the name of the appellant. Thereafter, it is submitted on behalf of appellant that the property is not a proceed of crime but the appellant is a bonafide purchaser. It has not come on recor....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ete owner of above mentioned entire property. iii. The aforesaid entire property has been reconstructed/redeveloped comprising of parking area at stilt floor, ground floor, first floor, second floor and thied floor Sanction Plan passed by the M.C.D. Karol Bagh Zone, New Delhi iv. Smt. Neelam Jolly above named sold her all rights, titles, interests in respect of built up entire second floor, without terrace roof rights measuring 200 Sq. Yards, along with 1/4th share in parking space at stilt area (below ground floor), out of freehold property bearing No. 15-A/18, along with proportionate undivided, indivisible and impartiable ownership rights of the underneath land measuring 200 Sq. Yards, with super structure situated in the abadi of East Patel Nagar, New Delhi-110008 to the Vendor - Smt. Bimla Devi Wadhwa, vide Regd. Sale Deed as No. 3117 in Addl. Book No. I,.Volume No. 21564, on Pages 32 to 40, dated 19.02.2014, entered in the office of the Sub- Registrar, Sub-Distt. No. II, Basai Darapur, New Delhi. On the basis of the above mentioned Regd. Sale Deed, the Vendor has become the complete owner of the above mentioned property under sale. v. The Vendor has....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... as under:- "Provided that where a notice under this sub-section specifies any property as being held by a person on behalf of any other person, a copy of such notice shall also be served upon such other person: Provided further that where such property is held jointly by more than one person, such notice shall be served to all persons holding such property. (2) The Adjudicating Authority shall, after - (a) considering the reply, it any, to the notice issued under sub-section (1); (b) hearing the aggrieved person and the Director or any other officer authorized by him in this behalf, and (c) taking into account all relevant materials placed on record before him, by an order, record a finding whether all or any of the properties referred to in the notice issued under sub-section (1) are involved in money-laundering: Provided that if the property is claimed by a person, other than a person to whom the notice had been issued, such person shall also be given an opportunity of being heard to prove that the property is not involved in money-laundering. 22. It is evident from the material available on record and fr....