Benami Act s.2(10) — the law in short
What the courts have decided on section Benami Act s.2(10), in one screen. Read this first; open an entry when you need the facts, the reasoning and the source.
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Meera Pandey v UOI
High CourtHelps taxpayerValidity unconfirmed
A benami show-cause and attachment have come on the strength of one contractor's statement. Can I go to the High Court now?
Yes. The Allahabad High Court quashed both the s.24(1) notice and the provisional attachment where the Initiating Officer's whole case was a contractor's statement with no supporting material. It held that s.24(1) requires two things — material in the officer's possession, and material sufficient to cause a reason to believe — and that "reason to believe" is a stronger standard than "is satisfied" or "reason to suspect".
Listed strongest first: Supreme Court, then High Court, then Tribunal, then CBDT. Nothing here has yet been read in full by a chartered accountant — open an entry to see where it came from.