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2024 (1) TMI 540 - AT - Benami PropertyProhibition of Benami Property Transactions - whether transactions are prior to the coming into force of Prohibition of Benami Property Transactions (PBPT) Act, 1988 as amended in 2016 i.e. 25.10.2016? - HELD THAT - In the light of the judgments passed in the present matters by the Hon ble High Court, Calcutta at Kolkata 2023 (3) TMI 1446 - CALCUTTA HIGH COURT the appeals are disposed of with following conditions - (i) It is however made clear that finding recorded by the Adjudicating Authority, either of facts or on law, would not be binding on either of the parties rather they would be at liberty to take up factual and legal issues in future, if so required, in the appropriate proceedings. This order is not to be taken in confirmation of the impugned order. (ii) It is also made clear that independent to the action taken by the Initiating Officer referring Benami Transactions of a period prior to the amendment by the Amending Act of 2016, if the Department has legal right under the law to take the proceedings, treating the amendment by the Amending Act of 2016 to be prospective, this order would not come in their way. It is however made clear that any such action should not offend the judgment of the Apex Court in the case of Union of India Anr. Versus M/s. Ganpati Dealcom Pvt. Ltd. 2022 (8) TMI 1047 - SUPREME COURT . In case, the Apex Court reviews its judgment having bearing on this appeal, the appellant would be at liberty to take appropriate remedies, which would may even a Review Petition before this Tribunal. In view of the above, the applications are allowed and the appeals are disposed of with the aforesaid directions/conditions.
Issues involved:
The issues involved in the judgment are related to the disposal of appeals in light of the orders passed by the Hon'ble High Court at Kolkata, legality of notices under the Prohibition of Benami Property Transactions (PBPT) Act, 1988, and subsequent proceedings. Disposal of Appeals: The appellants filed petitions seeking disposal of the appeals based on the order passed by the Hon'ble High Court at Kolkata in W.P.A. Nos. 3762, 3770, and 3774 of 2023. The appellants referred to the High Court's order and requested the Tribunal to dispose of the appeals accordingly. It was acknowledged that the transactions in question occurred before the amendment to the PBPT Act in 2016. The Tribunal considered the submissions and judgments, including those of the Supreme Court, and agreed to dispose of the appeals. Legality of Notices: The High Court at Kolkata set aside the impugned notices issued under Section 24(1) of the PBPT Act, following the judgment of the Supreme Court in the matter of Union of India & Anr. Vs. M/s Ganpati Dealcom. Pvt. Ltd. The parties agreed that the issue of legality of the notices was covered by the High Court's order, leading to the disposal of the writ petition and quashing of the notices and subsequent proceedings. The Tribunal acknowledged the High Court's orders and disposed of the appeals with specific conditions. Conditions of Disposal: The appeals were disposed of with certain conditions, including that the findings of the Adjudicating Authority would not be binding on the parties, and they could raise factual and legal issues in future proceedings. It was clarified that the Department could take action if legally permissible under the law, provided it did not contravene the Supreme Court's judgment in Union of India & Anr. Vs. M/s. Ganpati Dealcom Pvt. Ltd. The appellants were granted liberty to file a Review Petition before the Apex Court, and if the judgment was reviewed, they could seek appropriate remedies. The appeals were allowed, and the disposal was subject to the specified directions and conditions.
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