Benami transaction - Validity of summons issued u/s 19 and the ...

Benami Property

March 27, 2024

Benami transaction - Validity of summons issued u/s 19 and the provisional order of attachment - The court found no ex facie erroneous assumption of jurisdiction by the Investigating Authority under the Benami Act. The transactions were within the ambit of the Benami Act, as amended in 2016, particularly under Section 2(9)(D), which deals with transactions where the person providing the consideration is fictitious or not traceable. - The court ruled that the petitioner-company's transactions fell within the scope of the Benami Act, particularly after the 2016 Amendment. The court found that the procedure under the Act, including the issuance of a show-cause notice without a prior hearing, does not violate principles of natural justice, as the Act provides a detailed adjudication process with opportunities for hearing at later stages.

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