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    <title>2025 (11) TMI 1230 - APPELLATE TRIBUNAL UNDER SAFEMA AT NEW DELHI</title>
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    <description>AT held that the Adjudicating Authority failed to comply with prior HC directions to examine each case on merits while treating the 2016 amendment as prospective, and incorrectly relied on a SC judgment that has since been recalled. Since the merits, particularly whether the transaction falls within the amended definition of &quot;benami transaction&quot; under section 2(9)(A), were never adjudicated, the impugned order could not stand. AT clarified that a recalled SC judgment cannot be applied even partially unless expressly limited. The impugned order was set aside and the matter remanded for fresh adjudication of the reference and property attachment.</description>
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      <link>https://www.taxtmi.com/caselaws?id=781762</link>
      <description>AT held that the Adjudicating Authority failed to comply with prior HC directions to examine each case on merits while treating the 2016 amendment as prospective, and incorrectly relied on a SC judgment that has since been recalled. Since the merits, particularly whether the transaction falls within the amended definition of &quot;benami transaction&quot; under section 2(9)(A), were never adjudicated, the impugned order could not stand. AT clarified that a recalled SC judgment cannot be applied even partially unless expressly limited. The impugned order was set aside and the matter remanded for fresh adjudication of the reference and property attachment.</description>
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