2022 (5) TMI 663

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....Opposite Party : Manish Misra ORDER Heard learned counsel for the applicant, Shri Manish Misra, learned Special Counsel appearing for the Income Tax Department and perused the material brought on record. In pursuance of the earlier order, relevant records have been placed before this Court by Shri Manish Misra, learned Special Counsel appearing for the respondent, which after having perus....

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....hibition of Benami Property Transactions Act, 1988 (for short the 'Act, 1988), which was upheld by the Adjudicating Officer vide order dated 26th February, 2019. It is also submitted that treating the applicant as a beneficiary, to the proceedings were initiated against him also along with Rekha Devi. It is further submitted that the aforesaid proceedings were challenged by the applicant as we....

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....y, 2019. However, in the entire complaint, this fact is not mentioned that the confiscation/attachment order is already stayed by the Tribunal. It is vehemently submitted that the fact that the issue related to the attachment is pending before the Appellate Tribunal since 2019, has deliberately not been disclosed in the complaint. It is lastly submitted that till conclusion of the proceedings pend....

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...., impugned orders as well as other relevant documents, it is evident that attachment/confiscation order has already been stayed by the Tribunal vide order dated 04.12.2019, but in the complaint, this fact is not disclosed. Rather, emphasis has been made that the property of the applicant is already adjudicated and confiscation order was already remanded by the competent authority. The matter re....