TMI Blog2020 (5) TMI 519X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 ba ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h of the notice itself there was a satisfaction of the Income Tax Department that the 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. It is the contention of Mr. KN Choudhury, learned senior counsel for the petitioner that the properties mentioned in the notice under Section 24(1) were procured through the deed of conveyances dated 02.11.2011 and 09.11.2012 in respect of the apartments and in respect of various plots of land that were procured between the year 2011 and 2014. Accordingly, it is contended that the properties mentioned in the Section 24(1) notice were properties that wer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l 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. In view of the aforesaid, we are of the view that 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 Chamu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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