Home Case Index All Cases Customs Customs + HC Customs - 2016 (11) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (11) TMI 680 - BOMBAY HIGH COURTWrongful attachment of immovable property - contents of the communication dated 1-3-2016 - when the kingpin and the husband of the petitioner were involved in the operation of two private limited companies that the communication was addressed to the petitioner and she was called upon to produce the original documents for scrutiny and perusal of the DRI - whether communication to the husband of petitioner, instead of petitioner justified? - Held that: - there is a clear dichotomy or contradiction therein. In one breath the reply of the respondent Revenue states that the premises have not been attached or seized, but at the same time they claim to be thoroughly investigating the matter in the light of past history of the petitioner’s husband and his association with Badshah Malik. We are of the view that the original documents which are produced by the petitioner enable us to conclude that the Revenue could not have proceeded against the petitioner and addressed the subject communication. Once the petitioner’s role has not been pinpointed nor her association with the alleged kingpin, prima facie, also established, then such communication, innocuous as it may appear, has far reaching consequences and hence cannot be sustained. The department has not been able to satisfy even, prima facie, on the contents of the letter dated 1-3-2016 - petition allowed.
|