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2003 (7) TMI 650 - SC - FEMAWhether the notice issued by the competent authority satisfies the requirement of Section 6? Held that:- Kesar Devi has never been assessed to tax nor has she ever filed her return of income. Kesar Devi is the holder of house property D-48, Bapu Nagar, Jaipur. Kesar Devi, in her statement on 22.7.1976 before Sh. S.P. Gupta, Inspector, Jaipur has stated that she purchased the plot of land D-48, Bapu Nagar, about 13 years back and immediately thereafter constructed a house on this plot.When specifically questioned about evidence in respect of the assertions made by her regarding the source of investment in the plot or the construction of the house, she in no unequivocal terms, admitted that she had no evidence. Kesar Devi is reported to have had no known sources of income. The source of investment in the house, therefore, remains unproved. The house property thus constitutes property which has, wholly or partly, come out of or by means of any income, earnings or assets, the source of which cannot be proved and which cannot be shown to be attributable to any act or thing done in respect of any matter in relation to which Parliament has no power to make laws and accordingly is a property within the meaning of Sec. 3(1)(c)(iii) of the SAFEMA. The notice clearly records the reasons for belief and, therefore, it fully complies with the requirement of law and there is no infirmity in the same.
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