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	Blog Categories All Constitution (3) Criminal Laws (27) Income Tax Updates (99) miscellaneous (3) Professional Updates > miscellaneous Professional Update Category: miscellaneous, Posted on: 12/05/2024 , Posted By: CA SHIKHAR GARG Visitor Count:40 Professional Update (Benami Property Case laws) WP(C) 11 of 2023 (All HC) (Lucknow Bench) Meera Pandey. vs Union of India, Ministry of Finance. Facts The petitioner is assailing the order and notice u/s 24 of the prohibition of benami property Act, 2016. The respondent have provisionally attached the property in lucknow in Gomti Nagar. The property is purchased as on 23.04.2016 which is before the promulgation of the Prohibition of benami property act, 2016 that is with effect from 25.10.2016. Therefore, the purchase of the property is not within the ambit of the prohibition of benami property act. The construction of the property is done after the 25.10.2016 and the contractor has made a statement that the property is named after another person. The authorities has therefore the reason to believe that the property is a benami property and therefore, should be provisionally attached. Issue Whether the show cause notice u/s 24 of the prohibition of benami property act is valid based on the statement of the contractors. Held. The Allahabad High court held the respondent (authorities) have less material in possession to show that there is a reason to believe that the property is a benami property. Only the statement of the contractors and that too without having any supporting documents for saying that the property is benami property. Merely a statement without having any corroborative evidence in support of the same, does not make a reason to believe. As the authorities have insufficient material in possession to make such reason to believe. Therefore, the petition is allowed, the show cause notice and the provisional attachment order is quashed. (Disclaimer: The information provided by the author in the article is for general informational purposes only. All information provided is in the good faith, however we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability or completeness of any information in the article.) CA Manoj Garg 9811275735 Disclaimer: The content of the blog does not create any responsibility of the firm / its authorized persons whose website is being accessed. The blog is not for legal use. Kindly verify the correctness of data/contents from your own sources. This is only for information purpose. To Activate comments you need to provide details for google authentication and facebook authentication

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