TaxTMI 
TaxTMI 
TaxTMI 
2019 (9) TMI 941
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....le properties, as described in the impugned order which were provisionally attached by order dated 01.10.2018 have been directed to be confirmed. 2. The immovable property being super built up office space measuring 28240 sq ft in the 24th floor of premises being 10, East Topsia Road, Kolkata 700046 along with 38 car parking space which had been provisionally attached and subsequently confirmed by the Adjudication Order dated 14.03.2019 impugned herein, is directed to be released to the Appellant after all attachments are removed therefrom. 3. Reply to the appeal has been filed by the respondent. 4. Admittedly the Appellant and his family members were at no point of time involved directly or indirectly in any Ponzi Scheme or money mobili....
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....n the said show cause it was also alleged that M/s. Ideal Unique Realtors Private Limited had cancelled the agreement as M/s. Real Estate and Land Bank India Limited had not made payment of the balance amount as per the agreement. It was further alleged that the sum of Rs. 16,41,32,384/- paid by M/s. Real Estate and Land Bank India Limited to M/s. Ideal Unique Realtors Private Limited. Hence the instant show cause was issued to the appellant. 8. It has been further alleged in the complaint and show cause notice that the appellant Srawan Kumar Himatsingka, in his further statement dated 07.07.2017, had, inter alia, stated that Rs,1,00,00,000/- (Rupees One Crore only) had already been deposited in their account no. 2012182460 maintained with....
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.... he had been falsely implicated in the instant case. The Appellant states that he had no manner of connection and/or relation with the business activities of Shri Goutam Kundu or his group of companies, save and except, entering into an agreement for sale of super built up area of 28240 sq.ft alongwith 38 car parking spaces at premises number 10, East Topsia Road, Kolkata - 700046, and receiving advance payment of Rs. 16,41,32,384/-. 13. It is stated on behalf of the appellant that the appellant had no role to play in respect of the business of Shri Goutam Kundu or his Group of companies. The said sale of property was in normal course of business in terms of agreement dated 26.12.2012 and all payments in respect thereof were received from ....
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....or sale dated 26.12.2012 and was entitled to appropriate the sums received by way of advance as per law. However, on coming to learn that the money acquired by Rose Valley Group of Companies was by way of ponzi scheme by duping common people, the appellant's Chairman being a respectable citizen voluntarily agreed to deposit a sum of Rs. 16,41,94,529/- with the Enforcement Directorate and to prove his bona fide had already deposited a sum of Rs. 1 crore lying in his bank account maintained in Kotak Mahindra Bank Limited being account no. 2012182460. It is stated that due to adverse market conditions caused by demonetization and introduction of GST regime, the appellant could not make the balance payment of Rs. 15,41,94,529/- in time. Subsequ....
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....application and in order to prove its bona fide the applicant is enclosing photocopy of the following cheques, drawn in favour of the Deputy Director, Enforcement Directorate, Kolkata. The original cheques were placed on record along with the application filed on 09.09.2019. The date as directed by this Tribunal of the cheques are as followed:- Date Cheque No. Drawn on Amount (Rs.) 09.09.2019 187251 Bank of India, J.L. Nehru Road, Kolkata 2,00,00,000.00 09.10.2019 187252 Bank of India, J.L. Nehru Road, Kolkata 1,50,00,000.00 09.11.2019 187253 Bank of India, J.L. Nehru Road, Kolkata 1,50,00,000.00 09.12.2019 187254 Bank of India, J.L. Nehru Road, Kolkata 1,50,00,000.00 09.01.2020 187255 Bank of India, ....