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    <title>2023 (2) TMI 1102 - DELHI HIGH COURT</title>
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    <description>Benami attachment, confiscation and prosecution measures were held unsustainable where they were founded on transactions and properties acquired before the 2016 amendment. The analysis applied the governing Supreme Court position that the unamended offence and confiscation provisions were constitutionally infirm, and that the amended regime created substantive, punitive changes rather than merely procedural ones. Because the confiscatory mechanism could not operate retrospectively, proceedings based on pre-25.10.2016 transactions, including attachments, show-cause notices and connected orders, were liable to be quashed. The challenge succeeded and the petitions were allowed.</description>
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    <pubDate>Mon, 10 Oct 2022 00:00:00 +0530</pubDate>
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      <title>2023 (2) TMI 1102 - DELHI HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=434587</link>
      <description>Benami attachment, confiscation and prosecution measures were held unsustainable where they were founded on transactions and properties acquired before the 2016 amendment. The analysis applied the governing Supreme Court position that the unamended offence and confiscation provisions were constitutionally infirm, and that the amended regime created substantive, punitive changes rather than merely procedural ones. Because the confiscatory mechanism could not operate retrospectively, proceedings based on pre-25.10.2016 transactions, including attachments, show-cause notices and connected orders, were liable to be quashed. The challenge succeeded and the petitions were allowed.</description>
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      <pubDate>Mon, 10 Oct 2022 00:00:00 +0530</pubDate>
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