Natural justice in insolvency-professional discipline requires disclosed material; notices based on extraneous material and ignored defences are vitia...
Development rights transfers treated as immovable property, while construction abatement applies and repeated non-payment permits extended service-tax...
AT held that a benami transaction, as defined under the Act, occurred. Noting material inconsistencies in the appellant's pleadings and lacunae in documentary proof - including contradictory dates, evolving averments, illegible bank statements, non-filing of relevant ITRs and bank accounts, and unexplained routing of funds through third parties - the Tribunal concluded that the record did not permit final resolution on whether the attached properties derived from the original benami proceeds. The AT set aside the impugned order and remitted the matter to the Ld. Adjudicating Authority under the PBPT Act for de novo adjudication, directing a fresh hearing and fuller fact-finding on the provenance of funds.
AT held that a benami transaction, as defined under the Act, occurred. Noting material inconsistencies in the appellant's pleadings and lacunae in documentary proof - including contradictory dates, evolving averments, illegible bank statements, non-filing of relevant ITRs and bank accounts, and unexplained routing of funds through third parties - the Tribunal concluded that the record did not permit final resolution on whether the attached properties derived from the original benami proceeds. The AT set aside the impugned order and remitted the matter to the Ld. Adjudicating Authority under the PBPT Act for de novo adjudication, directing a fresh hearing and fuller fact-finding on the provenance of funds.
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