VidhiSangh

Supreme Court of India · 05/03/2024

SUMAN L. SHAH versus THE CUSTODIAN & ORS.

[2024] 3 S.C.R. 294 · 2024 INSC 170

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Summary

The Custodian’s unproved reliance on an Income Tax Department communication did not establish that the appellants owed money to companies alleged to be owned by a notified person. The Special Court had wrongly shifted the burden to the appellants to prove repayment; its recovery orders were set aside.

Issues

  1. Who bore the burden of proving that the appellants remained indebted to companies alleged to belong to a notified person?
  2. Did the notification attach the appellants’ earlier loan transactions or establish a subsisting debt recoverable under the 1992 Act?

Provisions considered

Held

Result

Both appeals allowed; the Special Court judgments were quashed and set aside, and the amounts deposited by the appellants under the restoration order were directed to be reimbursed forthwith.

Judgment PDF: Supreme Court of India, [2024] 3 S.C.R. 294.