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Direct Taxes - Highlights / Catch Notes

Home Highlights December 2022 Year 2022 This

Prohibition of Benami Property Transactions - provisional order ...


Sections 2(9)(A) & 2(9)(C) of Benami Act can't apply retroactively; High Court quashes 2011 transaction order.

December 14, 2022

Case Laws     Direct Taxes     HC

Prohibition of Benami Property Transactions - provisional order of attachment - Section 2(9)(A) and 2(9)(C) - these two provisions cannot be applied to a transaction which took place prior to 01.11.2016. In that case, the transaction was dated 14.12.2011. Therefore, the show cause notice, provisional attachment order as well as the adjudicating order were declared null and void being without jurisdiction and consequently, quashed. - HC

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