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2019 (12) TMI 1594 - AT - Benami PropertyBenami transaction - respondent submits that in view of Section 27 of the PBPT Act, 1988 so long as the appeal is pending, no confiscation of the property can be done without issuing a proper show cause notice under Section 27 of the Act and there is no need of issuing such notice in view of the pendency of the present appeal - HELD THAT:- It appears that subsequent to the order passed by the Adjudicating Authority which is impugned before this Appellate Tribunal, the concerned authority under the said act has issued the show cause notice dated 18.10.2019 giving opportunity as stated above. In the said notice, the concerned authority i.e. Principal Director, Income Tax Department, Lucknow has categorically mentioned about the order passed by the Adjudicating Authority in PBPT Act, 1988. In the above circumstances, the appellant is apprehending for prosecution and confiscation in the PBPT Act, 1988. In view of the above, appellant has a prima facie case that the operation of the impugned order be stayed till the next date of hearing. It is clarified that this order will not come in the way if any prosecution case is filed. Reply is not on record. The counsel for the respondent has undertaken to file the same in the registry during the course of the day. The copy of the same has been served on other side. The counsel for the appellant does not want to file rejoinder. The right to file the rejoinder is closed. Parties are allowed to file the written synopsis by the next date. List for final hearing on 27th May, 2020.
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