Safema
Gaurang Medawala
(Querist) 10 December 2014
This query is : Resolved
we've got a licence for money transfer via reserve bank in the year 1998 and is it active till date.
on 14/10/98 ATS police along with Ferra department ahmedabad laid a raid in our office and houses and grabbed away foreign as well as india currency and arrested Chimanlal harjivandas (my father)..on 19/5/99 coffeposa order was issued against him and before this order was executed,he passed away on 13/9/99.. on 28/10/99 central government under section 11 revoked coffeposa order.
Ferra ahm. grabbed above mentioned currencies - FC and IC . and penalized us. against this ferra tubunal dehli, in the year 2004 didnt agree to this and returned our currency.
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in 2001, showcase notice against the family members of late chimanbhai was issued by SAFEMA ahmedabad, and in the year 2002 they ceased 25 movable and immovable properties.. we've appelaed in tubunal delhi.. case remand .. now on 28/10/2014, SAFEMA bombay released maximum properties but still 6 properties are still ceased. so, we've filed appeal in safema tubunal delhi.. case pending
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we have some questions regarding the above mentioned case, please help us, thanking you, gaurang kapadia.
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1) These are the issues since 1980. we've declared money in AMNESTY and from that money we've purchased residential property so isn't it covered under the SAFEMA law?.. Supreme court judgement 201 ITR 658 does not protect AMNESTY Scheme??
2) our family members have purchased properties between the years 1970-75 of amount 25,000-75,000 and even the purchasers have expired before 2000. they've filed the income tax returns and the income tax department in their assessment order have mentioned about it along with 3 years of penalty on us... SAFEMA department in the year 2014 has asked us about the accounts of that above mentioned money and properties, by books and bank statements, which we do not have right now. we've shown them the assessment orders and income tax returns in acknowledgement but they refuse to understand so what can we do now? kindly please help.
3) under the law of SAFEMA, the one who purchases any property, and once the person dies so now can the SAFEMA department issue Showcause notice ?? and can they pass orders against their legal heirs ?
4) under the SAFEMA law the central government's finance department published circular no. 12/23/93-CA dated 23/6/94 so by this circular, properties purchased upto Rs.1,00,000 are to be forfeiture. Although the SAFEMA department doesnt agree with it and hence deny to give us liberty and our property back.. So what can we do now?
5) as per income tax law, they cannot ask for accounts and income stuff prior to 6 years. So in the SAFEMA how many years are granted for them to ask ? The law of SAFEMA was introduced in the year 1976 so can they question us about the properties that we've purchased in the year 1970?!!
6) Before the execution of Coffeposa order in 1999 and detinue expired so central governemt revoke coffeposa order under 11 section.. in this situation does the SAFEMA procedure can take place on us? As per judgement 2004(3)SCC628 on the family members of the detinue in 2001?
........awaiting for replay...thanks.
R.K Nanda
(Expert) 11 December 2014
query too long on free site.
Dr J C Vashista
(Expert) 12 December 2014
Too long a query.
Engage a local lawyer.
malipeddi jaggarao
(Expert) 13 December 2014
Cases under THE SMUGGLERS AND FOREIGN EXCHANGE MANIPULATORS (FORFEITURE OFPROPERTY ACT 1976), and Conservation of Foreign Exchange and Prevention of Smuggling Activities Act are very stringent and cannot be advised on line. Anyway you have been fighting these cases for a long time and your advocates would be in position to help you. This is free portal and we are not here to help the economic offenders even the allegations are true or false.
T. Kalaiselvan, Advocate
(Expert) 15 December 2014
Well said by expert Mr. Malipeddi Jagga Rao, I go by his views on the subject issue.
