Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding


  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2011 (8) TMI 818

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... 7 of the Act with reference to the facts and provisions of SAFEM Act and the decisions of this Court. Case referred back. - Civil Appeal Nos. 6470-6479 of 2011, - - - Dated:- 8-8-2011 - R.V. Raveendran and A.K. Patnaik, JJ. S/Shri Mohan Parasaran, ASG, D.K. Thakur, Krishan Kumar, Ms. Mudrika Bansal, Amarnath Saini and Shreekant N. Terdal, Advocates, for the Appellant. Ms. Rekha Pandey, .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... 84, 9-11-1984, 13-11-1984, 19-11-1984 and 23-11-1984, passed by the competent Authority, under Section 7 of the SAFEM Act declaring the properties of the respondents as illegally acquired properties and forfeiting them to the Central Government. The Appellate Tribunal for Forfeited Properties upheld the order of the competent authority with some modifications by order dated 20-3-1985. Respondents .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... cause why the matters should not be remanded to the High Court for deciding the matters with reference to Section 6 read with Section 3(1)(c) of SAFEM Act, by a reasoned order. 5. In Rajnikant R. Belekar, the High Court held that unless the direct nexus between the property which was sought to be forfeited under SAFEM Act and the income derived by way of contravention of the provisions of the S .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... on 3(1)(c) of SAFEM Act; and that therefore the decision in Aslam Mohd. Merchant, was not of much assistance and this aspect was ignored by Rajnikant R. Belekar. It was submitted that Rajnikant R. Belekar was wrongly decided. It was submitted that the principles relating to SAFEM Act have been laid by this Court in Attorney General for India v. Amratlal Prajivandas, 1994 (5) SCC 54, Fatima Mohamed .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates