2017 (8) TMI 1562

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... appellant is that the documents necessary to submit response was not supplied by the Initiating Officer therefore, the proceedings have been conducted in an arbitrary manner - HELD THAT:- We do not find any merit in the present appeal. It is the Adjudicating Authority who is to decide the question of Benami nature of the property. The proceedings under Section 24 of the Act contemplates the issua .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ssed by learned Single Bench on 03.08.2017, whereby the writ petition filed by the appellant against an order passed restraining the appellant from transferring or changing the nature of property till passing of an order by Adjudicating Authority under the Prohibition of Benami Property Transactions Act, 1988 (hereinafter referred to The Act ) remained unsuccessful. The sole argument .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... We do not find any merit in the present appeal. It is the Adjudicating Authority who is to decide the question of Benami nature of the property. The proceedings under Section 24 of the Act contemplates the issuance of show cause notice as to why the property specified in the notice should not be treated as Benami property. However, the substantive order of treating the property as Benami is requir .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X