Tribunal Allows Appeals on PBPT Act Notices; Future Legal Actions Permissible Pending Review Petition to Supreme Court.

The Tribunal disposed of the appeals concerning the legality of notices under the PBPT Act, 1988, following the Kolkata HC's order which quashed the notices and subsequent proceedings. The transactions occurred before the 2016 amendment to the PBPT Act. The appeals were allowed with conditions: the Adjudicating Authority's findings are non-binding, factual and legal issues can be raised in future, and the Department may act if legally permissible without contravening the SC's judgment in Union of India & Anr. Vs. M/s. Ganpati Dealcom Pvt. Ltd. Appellants may file a Review Petition before the SC.

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Issues involved:
The issues involved in the judgment are related to the disposal of appeals in light of the orders passed by the Hon'ble High Court at Kolkata, legality of notices under the Prohibition of Benami Property Transactions (PBPT) Act, 1988, and subsequent proceedings.

Disposal of Appeals:
The appellants filed petitions seeking disposal of the appeals based on the order passed by the Hon'ble High Court at Kolkata in W.P.A. Nos. 3762, 3770, and 3774 of 2023. The appellants referred to the High Court's order and requested the Tribunal to dispose of the appeals accordingly. It was acknowledged that the transactions in question occurred before the amendment to the PBPT Act in 2016. The Tribunal considered the submissions and judgments, including those of the Supreme Court, and agreed to dispose of the appeals.

Legality of Notices:
The High Court at Kolkata set aside the impugned notices issued under Section 24(1) of the PBPT Act, following the judgment of the Supreme Court in the matter of Union of India & Anr. Vs. M/s Ganpati Dealcom. Pvt. Ltd. The parties agreed that the issue of legality of the notices was covered by the High Court's order, leading to the disposal of the writ petition and quashing of the notices and subsequent proceedings. The Tribunal acknowledged the High Court's orders and disposed of the appeals with specific conditions.

Conditions of Disposal:
The appeals were disposed of with certain conditions, including that the findings of the Adjudicating Authority would not be binding on the parties, and they could raise factual and legal issues in future proceedings. It was clarified that the Department could take action if legally permissible under the law, provided it did not contravene the Supreme Court's judgment in Union of India & Anr. Vs. M/s. Ganpati Dealcom Pvt. Ltd. The appellants were granted liberty to file a Review Petition before the Apex Court, and if the judgment was reviewed, they could seek appropriate remedies. The appeals were allowed, and the disposal was subject to the specified directions and conditions.

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