The Tax Publishers2021 TaxPub(DT) 0522 (Gau-HC)

PROHIBITION OF BENAMI PROPERTY TRANSACTIONS ACT, 1988

Section 24

Where petitioner challenged attachment of property under provisions of the Prohibition of Benami Property Transactions Act, 1988 by contending that amended provisions of section 3 and Chapter IV, including section 24 being prospective in nature, i.e., with effect from 1-11-2016, attachment of property transacted in the year 2011, was invalid, finding force in submissions of petitioner, returnable notice was issued.

Attachment of property involved in Benami transactions - Validity - Position prior to 1-11-2016 -

Issue was as regards attachment of the property of the petitioner under provisions of the Prohibition of Benami Property Transactions Act, 1988. It was alleged that petitioner got the property involved in proceeding through Benami transactions managed by her husband. Case of petitioner was that all the transactions involved in this case were of the year 2011 and therefore, amended provisions of section 3 and Chapter IV of said 1988 Act, including section 24 being prospective in nature, i.e., with effect from 1-11-2016, attachment of property transacted in the year 2011, was invalid. Held: Submission made on behalf of petitioner had force. Counsel of income tax, also admitted that the amendments of said 1988 Act, brought into force on 1-11-2016, were prospective in nature. Returnable notice was issued.

REFERRED : Mallika Chamua v. UOI, New Delhi, The Jt. CIT (OSD) (BP) , Guwahati, The Deputy Commissioner [WP(C) 2183/2020, dt. 19-5-2020].

FAVOUR : Notice issued.

A.Y. :



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