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2020 (5) TMI 519 - HC - Benami PropertyBenami Property Transaction - petitioner Mallika Chamua in respect of 3(three) apartment properties and some other landed properties considered to be a benamidar of Dr. Durlav Chamua being the beneficial owner of the properties within the meaning of Section 2(10) and 2 (12) of the Benami Act of 1988 - petitioner Mallika Chamua and Bisakha Chamua are the daughters of Dr. Durlav Chamua while Smti. Dipika Chamua is his wife and the properties are being held by them as family members of Dr. Durlav Chamua - HELD THAT:- Section 2(9) of the Benami Act of 1988 as amended in 2016 does not include a property held by an individual in the name of spouse or in the name of any children of such individual where a consideration thereof had been paid out of the known source of income of the individual concerned. From the meaning of the expression of benami transaction under Section 2(9) of the Benami Act of 1988 also, we have noticed that there is no conclusion arrived at by Income Tax authorities in the notice dated 06.03.2020 that the properties in question were procured by Dr. Durlav Chamua were not from his known source of income. A prima facie case has been made out against the notice dated 06.03.2020 under Section 24(1) of the Benami Act of 1988 as amended in 2016. Further considering the balance of convenience and irreparable loss that the petitioner may suffer, the notice dated 06.03.2020 under Section 24(1) of the Benami Act of 1988 in respect of the petitioner Mallika Chamua and all other related subsequent notices be stayed until further order(s). List on 19.06.2020.
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