2022 (5) TMI 1546

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ed counsel for the petitioners. Also heard Shri H Gupta, learned Central Government Counsel (CGC) appearing for the Income Tax Department. 2. Considering the limited prayer made in this petition and as agreed to by the parties, this writ petition is being disposed of at the motion stage itself. 3. At this stage, it may be mentioned that on the earlier date i.e., 20.05.2022, this Court had directed Shri Gupta, learned CGC to obtain instructions which he has, accordingly obtained in the form of written instructions and has placed the same before this Court. 4. The grievance of the petitioners is against an order dated 31.03.2022 passed under Section 24(3) of the Prohibition of Benami Property Transactions Act, 1988 (for short referred to a....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....instructions submits that the allegation of violation of any procedure laid down in the said section is not based on any materials rather, by drawing the attention of this Court to a note dated 28.03.2022, he learned CGC submits that the appropriate authority under Section 24(1) had come to a prima facie satisfaction for issuing the show cause notice in the present case after taking into consideration all the attending facts and circumstances. 8. On the specific challenge made in the present petition with regard to not fulfilling the requirement of coming to an opinion that the property held benami may be alienated, the learned CGC has drawn the attention of this Court to another note dated 30.03.2022 of the Deputy Commissioner from where ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ties. 12. On a specific query, the learned Senior Counsel for the petitioners has submitted that apart from the lack of satisfaction, there is no intention on the part of the petitioners to alienate the property in question and in this regard, attention of this Court has been invited to an undertaking contained in paragraph 24 of the petition whereby the petitioners have undertaken not to alienate the said property and the averments have also been properly verified in the accompanying affidavit. Shri Goswami, learned Senior Counsel further submits that the petitioners are ready and willing to submit the reply to the show cause notice which is an obligation under Section 24(1) of the Act and prays for time of two weeks for the said purpose.....