S. C. PETITION
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ANNEXURE : A-25 : Page-164-166

Page-164

ANNEXURE : "A-25" Collectively

(Typed copy of the original document)

From:-

Shri Milap Chand Choraria,

24/29, Binoba Bhave Road,

Calcutta-700038

Dated 25th July 1992

To,

Dr. Man Mohan Singh Ji,

Finance Minister of India,

North Block,

New Delhi-110001

Respected Sir,

I had a great pleasure to meet you on 17/7/1992, when you meet with the national Executive Committee of Indian Council of Small Industries (ICS) at Room No. 72 of the North Block, which I attended as its General Secretary. From the proceedings of the said meeting I had came to an impression that you dont make any promises which you can not fulfill.

Therefore, with great hope, IO would like to call your attention on a matter of a TAX-SCAME, resulted thereby loss of SEVERAL CRORES OF RUPEES to union of India because of Nexus between a group of promoters of multistoried buidings and concerned officials of the Income Tax Department, West Bengal. Mr. Sanjay Kumar Jhunjhunwala of 9/1, Lower Rowdon Street, Calcutta-700020, is a member of the said group.

Total consideration money of all transactions of immovable properties made by the said group is more than HUNDRED CRORES OF RUPEES. Each such transaction are based on huge black money and manipulations.

For your kind attention I am enclosing hereby details of particular transaction based on black money with full knowledge of the Competent Authority and Appropriate Authority of Income Tax Department, West Bengal.

Therefore, this is my humble request you to hand over the matter to Central Bureau of Investigation to find out concerned officials of Income Tax Department and to take appropriate action in the matter.

With regards,

Yours faithfully,

(Milap Chand Choraria)

Enclosed: (as above)

Postal receipt of Registered post No. 1737 dated 27/7/1992 of Calcutta GPO

Page-165

ANNEXURE : "A-25" Collectively

(Typed copy of the original document)

DETAILS OF A TEST CASE CONCERNED TO TRANSACTIONS BASED ON HUGE BLACK MONEY

  1. That in view of the ways of the transactions it is very clear that on 17/08/1989, the "immovable Properties" being premises No. 53, Ramtanu Lahiri Sarani, Calcutta-700053 (together with one two storied building), under section 269 269 UA of the Income Tax Act, 1961 (hereinafter would be referred as the said Act), was "One Unit" of immovable property and fair Market price of the same would have not been less than Rs.40 Lakhs (Rupees forty lakhs).

  2. That one Mr. Sanjay Kumar Jhunjhunwala of 9/1, Lower Rowdon Street, Calcutta-700020, entered in a agreement with its joint owners namely (1) Mr. Pranab Dutta Chowdhury (2) Sm. Purabi Dutta Chowdhury, and (3) Miss Shyamali Dutta Chowdhury before 17.8.1989 to purchase the said "One Unit" of immovable property, not below the fair market price of Rs.40 Lakhs (Rupees Forty Lakhs).

  3. I am enclosing herewith a notification published by the Income Tax Department, West Bengal, for public auction may have been held on 223.02.1990 for Auction of certain properties including one property being item No. 1 of the said notification which was situated in the same locality of the said premises being No. 53, Ramtanu Lahiri Sarani, measuring 5 cottahs more or less with 12 wide common passage from the main road, with reserved price of Rs.18,27,000/- i.e. Rs.3,65,400/- per cottahs, while the said immovable prioperty is directly abutes upon 30 wide road therefore according to the said notification itself the fair market price cannot be less than Rs.4,00,000/- per cottahs, for the same. Xerox copy of the said notification is annexed herewith and marked as Annexure "A".

  4. But, Mr. Jhunjhunwala, with intention to conceal the money actually paid by him and received by the aforesaid joint owners, and also to avoid the proceedings under section 269 UC of the said Act, entered in illegal agreement with the aforesaid joint owners to execute the transactions in the following manner against "One Unit" of immovable property:-

    1. Alleged shares of each owner was shown as separate unit of the said immovable property and each owner executed separate Agreement Deeds being No. 9782, 9783 and 9784 all dated 17/08/1989 of the Registrar of Assurance, Calcutta, each jointly in favour of the two nominee Companies of said Mr. Jhunjhunwala, namely M/S. Surabhi Properties (P) Ltd., and Tripti Properties (P) Ltd., both having their respective Regd. Offices at 9/1, Lower Rowdon Street, Calcutta, infact the office of Mr. Jhunjhunwala.

    2. Therefore, one notification was published in the Telegraph dated 25/08/1989 jointly on behalf of the aforesaid two companies, which also supporting my contentions that the said entire property was "One Unit" of immovable property under section 269 UA of the said Act. Xerox copy of the said notification is annexed herewith and marked as Annexure "B".

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      Page-166

      ANNEXURE : "A-25" Collectively

    3. Thereafter, aforesaid owners executed individually separate Sale deeds in favopur of the said two companies in the following manner. I will show the certified copies of the aforesaid Deeds if CBI, hold an enquiry in the manner:-

    Sale Deed No. Dated ALLEGED CONSIDERATION MONEY SHOWN IN DEEDS

    11411 03/10/1989 Rs.2,37,500/-

    11412 -do- Rs.2,37,500/-

    11413 -do- (Indemnity Bond)

    11414 -do- Rs.2,37,500/-

    11415 -do- Rs.2,37,500/-

    11416 -do- Rs.4,75,000/-

    11417 -do- Rs.4,75,000/-

    Total alleged consideration money against the said property (In six Deeds) Rs.19,00,000/- Rupees Ninteen Lakhs).

  5. That on 16/11/1989 I sent a complaint letter to the Income Tax Department against aforesaid transactions based on black money and manipulations. But, to facilitate to said Mr. Jhunjhunwala to secure his said illegal transactions under influence my letter was fallen in DUSTBEEN by Income Tax department.

  6. This is contentions of Mr. Jhunjhunwala that he is neither shareholder nor Director nor control over the management of said M/S. Tripti Properties (P) Ltd. But, this is totally false in view of the following facts:-

    1. That said M/S. Tripti Properties (P) Ltd., was originally promoted by one Mr. Mahesh Kumar Chhaparia, Dipak Kumar kedia and few other persons, having Regd. Office at 11/B/1, Palm Avenue, Calcutta-700019

    2. That on 25/07/1987 the said company was purchased by Mr. Jhunjhunwala and his agent Mr. Kishore Nagar of 153A, Viveka Nanda Road, Calcutta-700006, was appointed as director of the company in place of Mr. Dipak Kumar kedia.

    3. This fact that said Mr. Kishore Nagar is agent of Mr. Jhunjhunwala would be revealed from one Search Report of one Advocate. Xerox copy whereof is annexed herewith and marked as Annexure "C".

    4. To properly manage and control the management of the said company, the Regd. Office was shifted to 9/1, Lower Rowdon Street, Calcutta-700020, before aforesaid transactions were executed. This fact of present Regd. Office of the said company would also revealed from the notification published in the Telegraph dated 25/08/1989. Xerox copy of the whereof is already annexed hereinbefore as Annexure "B".

  7. In view of the aforesaid facts concerned officials of the Income Tax Department are responsible for disobeying their official duties: to take action under "Chapter XX-A" and / or "Chapter XX-C" of the said Act and also under the Benami transactions Act and are liable to face prosecution for acting under influence of the said Mr. Jhunjhunwala.

(Milap Chand Choraria)

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