Mabrook Shah Rukh: Authority revokes benami attachment order against King Khan

Agencies
January 29, 2019

New Delhi, Jan 29: Actor Shah Rukh Khan has been absolved of the charge of being a beneficiary of a benami property in the scenic beach town of Alibaug in Maharashtra as an appellate Authority under the law has "revoked" the attachment order of the I-T Department, calling it baseless and coloured.

The Adjudicating Authority (AA) slammed the income tax department authority for issuing the order against Khan and a company-- in which he, his wife Gauri Khan and in-laws are shareholders-- in February last year, saying a "commerical transaction entered into course of business by an independent entity cannot be coloured as benami transaction because it had sourced the funds from loans."

A division bench of the AA comprising D Singhai (Chairperson) and Member (Law) Tushar V Shah exonerated Khan and said: "We have come to the conclusion that the named properties, ie, agriculture land at village Thal, Taluka Alibaug bearing survey nos 188/A, 188/1B, 188/2, 188/3, 188/4, 187/1 and structure thereon are not a benami property and hence the attachment made thereof by the investigating officer is revoked hereby."

The tax department had attached the farm house and plot, built on an agricultural land, in Alibaug, worth about Rs 15 crore, and had called the company-Ms Deja Vu Farms Pvt Ltd- a benamidar (in whose name benami property is standing) and the 53-year-old actor a beneficiary (who pays money consideration) of a benami deal booked under the Prohibition of Benami Property Transaction Act.

The 1988 enacted law was implemented by the Modi government from November, 2016 with a strong impetus, saying it was aimed to crack down against black money and stash holders.

The AA bench, in the order accessed by PTI, also rapped the probe officer of the I-T Department in Mumbai for seemingly relying on "some press report/online articles" that Khan acquired the property for his benefit, which it said was "incorrect and impermissible in law."

"There is no basis to conclude that the property acquired by Deja Vu Farms Pvt Ltd is held for immediate or future benefit, direct or indirect of Shah Rukh Khan," the January, 23 issued order said.

The Authority rejected the I-T Department's allegation that the entire transaction of purchasing the land parcels in Alibaug and construction of a luxury farm house on it was done on the "desire and instruction"of Khan and from "unsecured loans" of about Rs 14.67 crore provided by him to the firm.

The I-T had also charged that as Khan was "not an agriculturist, he sought to purchase the land by forming Ms Deja Vu Farms Pvt Ltd, a front entity and giving it colour of company engaged in agriculture."

The department had also said in its order that a person Moreshwar Rajaram Ajgaonkar was a "front" of Khan as the the actor used the former's credentials of being an agriculturist to purchase the land by making a representation under the said category before the Additional Collector of Raigad, the district under which Alibaug falls.

It had also charged that the company was incorporated "on the instructions" of Khan as he was interested in purchasing a property in Alibaug for construction of a farm house.

The taxman had said in its complaint that the objective of the firm (Deja Vu) was stated to undertake agricultural activity on the land and the Raigad district state government gave permission to purchase the land with a "condition" that it will be put to use within 3 years for the purposes of farming.

The AA also found as "justified" the contention of Khan and his company that a private firm can borrow funds even from its shareholders and that there has been no concealment of the loan given by the actor which has been "disclosed" by the former in its annual returns for the last several years.

The Authority said that it was "beyond doubt" that the Alibaug property was acquired and held by the company in its own right and independent of any other person.

"There is nothing to raise the inference or presumption in law that the property owned by a company can be said to be held for the benefit of its shareholder," the Authority ruled, absolving Khan of the criminal charges under the stringent law.

As per the anti-benami law, once proven, a benamidar (in whose name benami property is standing) and beneficiary (who pay money consideration) are prosecutable and may face rigorous imprisonment up to 7 years besides being liable to pay fine up to 25 per cent of fair market value of benami property.

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News Network
February 2,2020

Lucknow, Feb 2: In an early morning firing at Lucknow's Hazratganj, the city centre, Vishva Hindu Mahasabha state president Ranjit Bachchan was killed while he was out on a morning walk on Sunday.

Ranjit Bachchan was taking a stroll in Hazratganj in the morning when bike-borne assailants opened fire on him and killed him on the spot. The Mahasabha leader was shot in the head multiple times.

The incident took place near the CDRI building in Lucknow's Hazratganj.

In the firing, Ranjit Bachchan's brother also suffered bullet injuries. He has been rushed to the trauma centre. Ranjit Bachchan was a resident of Gorakhpur.

The early morning shootout in the Uttar Pradesh capital's central area has caused tension in the area.

Dinesh Singh, DCP Central Lucknow, said, "The body has been identified as of Ranjit Bachchan, who had gone out on morning walk when some unknown assailant shot him. A police team has been formed and further investigation is being carried out."

Before being associated with the Mahasabha, Ranjit Bachchan was a Samajwadi Party member and was often spotted with former UP chief minister Akhilesh Yadav.

The Samajwadi Party has hit out at the Yogi Adityanath government over the law and order situation in the state and demanded immediate resignation of the government.

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Agencies
January 11,2020

New Delhi, Jan 11: The Delhi High Court on Saturday restrained from releasing Deepika Padukone-starrer 'Chhapaak' movie without due credits to the lawyer who represented the acid attack survivor, Lakshmi Agarwal, in her legal battle.

The restraint will be effective from January 15 in multiplexes and live streaming and for others from January 17.

The court directed filmmaker Meghna Gulzar to give due credit to lawyer Aparna Bhat who fought the criminal case for the acid survivor on whose life the movie is based.

It passed the order on a petition filed by Fox Studio challenging a trial court order which had directed the filmmakers to give credit to Bhat.

Delhi's Patiala House Court had earlier this week passed an order granting an ex-parte interim mandatory injunction directed that the filmmaker has to carry a line "Aparna Bhat continues to fight cases of sexual and physical violence against women" during the screening of the film.

Fox Studios then requested the Delhi High Court to set aside the trial court order.

The petitioner submitted that if the order passed in a suit filed just one day before the release of the film, is not vacated, varied or modified, then the petitioner will suffer grave injustice and irreparable harm and injury.

The movie, which hit the cinemas yesterday, is based on Laxmi's life. In 2005, at the age of 15, she was allegedly attacked by a spurned lover.

Laxmi had to undergo several surgeries. Later, she started helping other acid attack survivors and promoted campaigns to stop such gruesome attacks.

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Agencies
May 10,2020

Paris, May 10: The number of coronavirus cases worldwide topped four million as some of the hardest-hit countries readied Sunday to lift lockdown restrictions despite concern about a second wave of infections.

Governments around the world are trying to stop the spread of the deadly disease while scrambling for ways to relieve pressure on their economies, which are facing a historic downturn with millions pushed into unemployment.

Despite the intense political pressure to reopen, nations are also keen to avoid second waves of infections that could overwhelm healthcare systems, with reminders over the weekend of the threat posed by the virus.

In the United States, media reported Saturday that the nation's top infectious disease expert, Anthony Fauci, was among three members of the White House coronavirus task force who will self-isolate after potential exposure.

And in South Korea, the capital Seoul shut all bars and clubs on Saturday as more than 50 cases were linked to a man who tested positive after spending time in one of the city's busiest nightlife districts.

Despite the risks, some governments in hard-hit Europe have said are signs of progress that justify cautious steps towards normality.

Officials in France on Saturday said the day's death toll of 80 was the lowest since early April, while nursing home fatalities also fell sharply as the nation prepared to relax curbs on public movement imposed eight weeks ago.

The easing, to begin Monday, has brought mixed reactions.

"I've been scared to death" about the reopening, said Maya Flandin, a bookshop manager from Lyon. "It's a big responsibility to have to protect my staff and my customers."

French health officials have warned that social distancing must be kept up even as restrictions are eased.

In Spain, about half the population will be allowed out on Monday for limited socialisation, and restaurants will be able to offer some outdoor service as the country begins a phased transition set to last through June.

With lingering fears of a resurgence, authorities excluded Madrid and Barcelona -- two COVID-19 hotspots -- from the first phase.

Belgium is also easing some restrictions on Monday, and in some parts of Germany, bars and restaurants reopened on Saturday with further easing set for Monday.

In Britain, Prime Minister Boris Johnson is expected Sunday to lay out a plan for the nation to emerge out of its current lockdown.

Media reports have suggested that Britain may introduce a mandatory 14-day quarantine for international arrivals to stop the spread of the virus.

Global economic figures are pointing to the most acute downturn in nearly a century, with businesses forced to shut and supply lines badly disrupted, and pressure is growing on leaders around the world to find a way out as the worldwide death toll topped 277,000 and infections crossed four million.

In the United States, the country with the highest death toll and where more than 20 million people have lost their jobs, President Donald Trump has insisted that next year would be "phenomenal" for the economy, urging reopening despite the virus still claiming well over 1,000 lives daily in the country.

The scale of the challenge was brought in sharp focus over the weekend as US media reported that top disease expert Anthony Fauci, who has become the trusted face of the government response to the pandemic, is going to self-isolate after possible exposure to an infected White House staffer.

Fauci told CNN that he will undergo a "modified quarantine" as he had not been in close proximity to the staffer, the network reported. He will remain at home teleworking, and will wear a mask for two weeks.

Robert Redfield, the director of the Centers for Disease Control and Prevention, and Stephen Hahn, the commissioner of the Food and Drug Administration, will also self-isolate, CNN added.

All three will still testify at Tuesday's Senate coronavirus hearing, with Redfield and Hahn participating via video link, according to Senator Lamar Alexander, chairman of the chamber's health committee.

It is believed Fauci will attend wearing a mask, CNN reported.

President Trump has faced sharp criticism from his predecessor Barack Obama, who said on a leaked tape that Trump's handling of the crisis was an "absolute chaotic disaster".

With people wearying of being indoors and under economic pressure, anti-lockdown protests have been held in a number of countries in recent weeks, with some demonstrators arguing that such restrictions violate their rights and others promoting conspiracy theories about the pandemic.

Ten people were arrested and a police officer injured in Melbourne, Australia, on Sunday in the latest such protest, where around 150 people gathered to demand an end to the shutdown.

Participants were promoting a number of conspiracy theories, such as linking 5G cellular communications to the disease.

Australian chief medical officer Brendan Murphy said there was "a lot of very silly misinformation out there", including the 5G allegation.

"I have unfortunately received a lot of communication from these conspiracy theorists myself," he said.

"It is complete nonsense. 5G has got nothing at all to do with coronavirus."

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