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Regarding customs penalty and attachment of properties
29-Jul-2023 (In Customs & Central Excise Law)
My father was involved in a customs case wherein a penalty of 60 lakh was imposed . Sections 112 and 114 of the customs act were imposed. The customs case happened in 2012 . The property we live in was bought by my grand-father in my father's name in 1988 and was later transferred in my grand-mothers name in 1998 before any of the customs issues began.Now my question is can the govt attach the above property to recover the penalty imposed? The fact that my grand- father purchased the property in my father's name will this transaction be considered as benami or void? Any suggestions
If the property was transferred by Gift deed in the year 1988, then the property cannot be attached .However there certain facts which needs to be considered but for that we will have to examine your facts.
Your query is silent on certain facts:
1. Present ownership of property?
2. Is your grandmother alive? Has she made her WILL?
Please provide complete facts, so that we can address your query.
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Adv. Chikirsha Mohanty
Delhi | 200+ Answers
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Adv. Shalini Kapila
Adv. Shalini Kapila
Dubai | 5+ Answers
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