The Counsel States That Present Case Will Be Clearly Covered By Thejudgment Of Apex Court In Union Of India And Anr v. Ganpati Dealcompvt. Ltd.1
High Court
12 Jun 2023 In favour of: Unclear
Forum / Bench
High Court · newos
Parties
The Counsel States That Present Case Will Be Clearly Covered By Thejudgment Of Apex Court In Union Of India And Anr v. Ganpati Dealcompvt. Ltd.1
Date of order
12 Jun 2023
Assessment year(s)
—
Outcome
Other
The order — as passed by the High Court
Case summary
In The Counsel States That Present Case Will Be Clearly Covered By Thejudgment Of Apex Court In Union Of India And Anr v. Ganpati Dealcompvt. Ltd.1, the High Court (2023) decided the matter under Section 24 of the Income-tax Act.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
Sections referenced in this judgment
IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 299 OF 2020
Rohini Vyappar Pvt. Ltd.VersusThe Deputy Commissioner of Income Tax (BenamiProhibition)-2 and 2 Ors.
…Petitioner
…Respondents
….
Mr. Devendra H. Jain i/b. Ms.Radha Halbe, for Petitioner.Mr. Suresh Kumar, for Respondents.
….
CORAM:K. R. SHRIRAM &
M.M. SATHAYE, JJ.DATED:12[th] JUNE, 2023
P.C.:
1.The counsel states that present case will be clearly covered by thejudgment of Apex Court in Union of India and Anr. Vs. Ganpati DealcomPvt. Ltd.1.
2.Counsel stated that alleged date of Benami transaction, is dated02.09.2011 and the Apex Court in Ganpati Dealcom Pvt. Ltd. (supra) has
held that the Sections 3 & 5 of the Benami Transaction (Prohibition)Amendment Act, 2016 (the said Act) only operates prospectively and theauthorities have been directed not to initiate or continue criminalprosecution or confiscation proceedings for transactions entered into priorto coming into force of the said said Act, 2016, i.e., 25.10.2016 andconsequently all such prosecution or confiscation proceedings would stand
quashed. Therefore, notice dated 18.10.2019 from the attachment orderunder Section 24(3) dated 18.10.2019 and order disposing Petitioner’sobjections and order dated 24.01.2020 under Section 24(4) continuingthe provisional attachment and show cause notice dated 14.02.2020 underSection 26(1) of the said Act is quashed and set aside.
[ M. M. SATHAYE, J. ]
[ K. R. SHRIRAM, J. ]
This page reproduces a public-domain court order (Section 52(1)(q)(iv), Copyright Act 1957). Explanations are EaseValue's original analysis. Always read the original order.
Disclaimer: General information only — not legal, tax or professional advice, and no advocate/CA–client relationship is created. AI-generated summaries may contain errors and must be verified against the original court order. EaseValue accepts no liability for reliance on this content. Not a solicitation.
Full disclaimer & Terms.
EaseValue