2023 (7) TMI 1517 - HC - Income Tax

Validity of Prohibition of Behami Property Transaction Act - Challenge to show-cause-notice on the ground of jurisdiction of the respondent authority concerned - petitioners submits that the alleged transaction against which the impugned show-cause-notice has been issued relates back to the financial year 2014-15 - HELD THAT - We are not inclined to interfere with the impugned show-cause-notice at this stage and extending the time to file objection/response to the aforesaid impugned show-cause-notice by a period of two weeks from date and the respondents authority concerned shall consider the same in accordance with law and pass a reasoned and speaking order after giving an opportunity of hearing to the petitioners of its authorised representative and shall also consider the applicability of the aforesaid judgment of Ganpati Dealcom (P.) Ltd. 2022 (8) TMI 1047 - SUPREME COURT and such final order on the impugned show-cause-notice will be passed by the respondents authority concerned within a period of four weeks form the date of receipt of such objection/response.

Summary

The petitioners challenged a show-cause notice under the Prohibition of Behami Property Transaction Act, 1988. The High Court declined to interfere at this stage, extending time for response by two weeks. The respondent authority must consider the response and pass a reasoned order within four weeks. The petitioners can challenge the order if aggrieved. The writ petition was disposed of. (Case: WPA 15393 of 2023)