TMI Blog2019 (2) TMI 1334X X X X Extracts X X X X X X X X Extracts X X X X ..... a decision only those matters which can be decided by the said authority may be remanded to them. In view of the above reasons, we stay the operation of the impugned judgment and order. The appeal is formally admitted. We feel that it should be heard out on an expeditious manner. As the respondents are represented formal issue and service of the notice of appeal are dispensed with. Learned Advocate-on-Record for the appellant is directed to file informal paper books by 8th February, 2019, serving two copies thereof upon the advocate-on-record for the respondent not later than seven days before the date of hearing of the appeal. List this appeal for hearing on 27th February, 2019 at the top. The reference referred to in Secti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ause notice under amended Act in relation to the 2011 transaction. The initiation of proceedings was incurably bad and void ab initio. The show-cause notice was a nullity, he argued. In those circumstances, the authority under the said Act could not adjudicate upon the validity of the show cause notice. On the other hand, Learned Additional Solicitor General pointed out that the Benami Transaction Act was operative from 1988. Only amendments had been made in 2016 which did not interfere with accrued rights. The show-cause notice had been validly issued. Moreover under Section 26(7) of the said Act, no order could be passed under Section 24(5), that is to say, the substantive order on the show-cause notice, after the expiry of one year fr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly admitted. We feel that it should be heard out on an expeditious manner. As the respondents are represented formal issue and service of the notice of appeal are dispensed with. Learned Advocate-on-Record for the appellant is directed to file informal paper books by 8th February, 2019, serving two copies thereof upon the advocate-on-record for the respondent not later than seven days before the date of hearing of the appeal. List this appeal for hearing on 27th February, 2019 at the top. The reference referred to in Section 24(5) shall not be treated as final and shall only be treated as provisional during the whole period the writ application and the appeal are pending before this Court. Subject to its result, the reference ..... X X X X Extracts X X X X X X X X Extracts X X X X
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