Did ED Conduct Searches in Delhi Over Illegal Dubai Property Investments?
Synopsis
Key Takeaways
New Delhi, Feb 4 (NationPress) The Directorate of Enforcement (ED) has executed searches across various locations in the national capital under the Foreign Exchange Management Act (FEMA). This action was initiated following intelligence that several high net worth individuals (HNIs) residing in India had engaged in overseas investments, primarily within Dubai, allegedly using funds channeled via hawala methods, according to an official announcement made on Wednesday.
The ED reported that these searches resulted in the confiscation of incriminating documents and evidence showcasing the acquisition of undisclosed foreign assets, which violates FEMA regulations.
During the investigation, it was revealed that Kapil Aggarwal and Sangeeta Aggarwal, both Indian residents, had jointly purchased and possessed 10 properties in Dubai valued at AED 1,94,03,975, roughly equivalent to Rs 34.14 crore.
The ED contended that these investments were made without any legitimate outward remittance from India through authorized banking channels. Furthermore, the duo did not provide any documentary support regarding the source of funds used for these international property acquisitions, nor did they obtain approval from the Reserve Bank of India (RBI) for holding foreign assets.
In another case, the ED identified that S. Bhattacharya, another Indian resident, had procured two properties in Dubai valued at AED 40,07,319 (approximately Rs 9.83 crore) without appropriate outward remittances through sanctioned banking pathways.
He similarly failed to present documentary evidence regarding the source of funds or obtain RBI approval for these foreign property holdings.
Since the foreign assets cannot be directly seized as they are situated outside India, the competent authority invoked powers under Section 37A of FEMA, leading to the seizure of immovable properties in India, which were attached as equivalent-value assets to the foreign properties acquired unlawfully.
Consequently, seizure orders were placed on five properties associated with the Aggarwals, estimated at around Rs 17.83 crore, and three properties linked to Bhattacharya, associated with NEC Energy Pvt Ltd, valued at approximately Rs 10 crore.
The investigation is ongoing.