Benami s.40 — the law in short
What the courts have decided on section Benami s.40, in one screen. Read this first; open an entry when you need the facts, the reasoning and the source.
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Manik Seth v Initiating Officer, BPU, Ludhiana
High CourtHelps departmentNo later treatment found
The Appellate Tribunal allowed my benami appeal years ago. After the Ganpati Dealcom recall it has reopened the matter on the Department's review. Can it do that?
On this judgment, yes, where the Tribunal's own earlier order reserved that liberty. The Punjab and Haryana High Court dismissed writ petitions against the Appellate Tribunal's order granting review and restoring the appeals. It held that s.40 of the Prohibition of Benami Property Transactions Act leaves the Tribunal free to regulate its own procedure and expressly includes the power of review, and that the petitioners had acquiesced in an earlier order which itself gave the Department liberty to apply for review if the Supreme Court reviewed Ganpati Dealcom.
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.
