TaxTMI 
TaxTMI 
2020 (1) TMI 945
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....n on 13.11.2017 under Section 35(2)(f) of PMLA, 2002 to review the decision dated 19.06.2017 with regards to the decision on the payment of deposit of Rs. 15,000/- (Rupees Fifteen Thousand only) per month per property in respect of properties let out on rent and directed the appellants/non-petitioners to pay Rs. 55,000/- (Rupees Fifty Five Thousand only) monthly rent against first rented out property i.e., "Residential Flat viz., Flat No.CCE-151, DLF Commanders Court, Ethiraj Salai, Chennai 600 008", and to pay Rs. 65,000/- (Rupees Sixty Five Thousand only) against second rented out property i.e., "Residential Flat viz., Flat No.CCE-141, DLF Commanders Court, Ethiraj Salai, Chennai 600 008" as user charges for the above mentioned properties each month with effect from 09.06.2017 and also to deposit one time security collected by them from their tenants i.e., Rs. 3,00,000/- (Rupees Three Lacs only) against each property. 2. The relief has been sought by the petitioner/respondent is mainly on the ground mentioned in Para no.10 of the said review application which is reproduced below: "10. As per the interim order, the counsels for the respondents have stated that property....
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....the ED, as already we are paying a much bigger sum to HDFC Bank - Rs. 2.52 Lacs / month as Home Loan EMI and the property is attached with ED. Regarding Residential Property CCE 141-DLF, Commander's Court, Ethiraj Salai, Chennai -600008. • This property had been let out to M/s. Karthikeya Trading Pvt. Ltd. for a rental of Rs. 65,000/- per month and refundable security deposit Rs. 3,00,000/- was also received as per the agreement. • Subsequently they have vacated the premises and their Security deposit was adjusted against their last 4 months rent. The property was vacated by the tenant on 31st January in the year 2018. The documentary proof is to this effect is being placed on record. No rent has been received in this property and is self occupied. • Mr.P.K.M. Selvam's daughter is planning to shift over there with family as her husband is taking up a posting in Chennai. • This property has been acquired with the help of a loan from HDFC for Rs. 2.00 Crores and we are paying a monthly EMI of Rs. 2.39 Lacs / month. Rent Collected previously Deposited with ED Paid EMI For loan availed Rs. 65,000/- Rs. 15,000/-....
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....that regard. 7. Vide order dated 03.11.2017, this Tribunal again directed the non-petitioners/ appellants to file the copy of the rent deed/lease deed within two weeks and liberty was granted to the learned counsel for the petitioner/respondent to move for modification of the interim order. However, it is seen from the record that the affidavit sworn by the appellant Mr. S. Shankarnarayanan alongwith the copy of the rent agreement dated 01.11.2016 and the affidavit sworn by the appellant Mr. P.K.M. Selvam alongwith the copy of the rent agreement dated 01.04.2017, were filed in the Tribunal on 24.07.2017 and 25.07.2017 respectively. The property of Mr. S. Shankarnarayanan has been rented out for a sum of Rs. 55,000/- (Rupees Fifty Five Thousand only) per month and a security deposit of Rs. 3,00,000/- (Rupees Three Lacs only) was taken from the tenant. Whereas in the case of the property of Mrs. S.Poonguzhali W/of Mr. P.K.M. Selvam, the property was rented out for a sum of Rs. 65,000/- (Rupees Sixty Five Thousand only) per month and as security deposit of Rs. 3,00,000/- (Rupees Three Lacs only) was taken from the tenant. 8. It appears from the records that neither in the sta....
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....re also directed to file affidavit alongwith copies of the rent deed. As an interim measure the non-petitioners/appellants were directed to deposit Rs. 15,000/- each month as user charges for each of the five properties mentioned in the order and the petitioner/respondent was directed not to take any coercive action in view of the notice dated 09.06.2017 issued under Section 8(4). 12. The petitioner/respondent has filed the review application only with respect to two properties mentioned below: (i) Residential Flat viz., Flat No.CCE-151, DLF Commanders Court, Ethiraj Salai, Chennai 600 008. (ii) Residential Flat viz., Flat No.CCE-141, DLF Commanders Court, Ethiraj Salai, Chennai 600 008. 13. The first property is owned by Mr. S. Shankarnarayanan, the appellant in appeal no.FPA-PMLA-1814/CHN/2017 and is receiving a sum of Rs. 55,000/- as rent per month from the tenant. Whereas, the second property is owned by Mrs. Poonguzhali, wife of Mr. P.K.M. Selvam the appellant in appeal no.FPA-PMLA-1817/CHN/2017 and was receiving a sum of Rs. 65,000/- as rent per month from the tenant. The aforesaid two appellants executed the rent agreements on 01.11.2016 and 01.04.201....