2017 (8) TMI 383

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.... property in any manner till passing of necessary order by adjudicating authority under the Prohibition of Benami Property Transaction Act, 1988 (hereinafter called as "the PBPT Act"). 2. Mr. Pratyush Tripathi, learned counsel for the petitioner submits that the Initiating Officer under the PBPT Act issued show cause notice to the petitioner under Section 24(1) of the said Act. In reply to this notice dated 31.03.2017 (Annexure-P/5), the petitioner filed his reply on 07.04.2016 (Annexure-P/6). The petitioner also received summons issued under Section 19 (1) of the said Act (Page No.17). The petitioner appeared before the authority and desired certain documents. The petitioner also filed an affidavit before the Initiating Officer. The Ini....

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.... act. 4. No other point has been pressed by the learned counsel for the parties. 5. I have heard the learned counsel for the parties at length and perused the record. 6. The show cause notice shows that it is passed on the basis of certain information received by the Initiating Officer. The Initiating Officer has not placed reliance on any documentary evidence. The petitioner demanded certain documents. Since, no document is relied upon in the show cause notice, the documents were not supplied to the petitioner. The order dated 29.06.2017 is a provisional attachment order under Section 24(4) of the PBPT Act, 1988. The order itself shows that it is issued with the prior approval of approving authority, but will remain subject to pas....

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....icating authority is obliged to examine the stand of alleged Benamindar in reply to the show cause notice. He is further obliged to make further inquiry or take into account further report or evidence which he deems fit for deciding the question. He can take into account all relevant documents. After providing due opportunity of hearing to alleged Benamindar, he may pass the order to declare the property as Benami Property and confirm the attachment order or he may hold that the property cannot be treated as Benami Property . In that case, he may revoke the attachment order. Pertinently, as per Sub-section (6) of Section 26, the adjudicating authority may at any stage of proceeding, either on the application of any party or suo-moto strike ....