2022 (12) TMI 1596

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....nge has been made to the order of the Adjudicating Authority which refused to confirm the attachment for the reasons given in the order and answered the reference accordingly. The appellant department being aggrieved by the finding recorded by the Adjudicating Authority on the facts and also on law, filed these appeals. This Tribunal was inclined to enter into the issues for challenge but the counsel for the respondents submitted that the Benami Transactions taken into consideration and referred by Initiating Officer, is of the period prior to the amendment in the Prohibition of Benami Property Transactions Act, 1988, as amended by the Benami Transactions (Prohibition) Amendment Act, 2016 (In short 'the Act of 2016'). In view of th....

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....for the respondents that the issues determined by the Adjudicating Authority on facts as well as on law, be kept open for the parties to be taken in future, if so required and therefore, if the appeal is decided in the light of the judgment of the Apex Court, should not be construe to be in confirmation of the order of the Adjudicating Authority. The prayer is to dispose of the appeal after making aforesaid clear and after giving all the liberties prayed by the appellant. We have considered the rival submissions of the parties and perused the records. The order of the Adjudicating Authority has been challenged by the Department when it refused to confirm the attachment, and rejected the reference. The appeal was filed to challenge the fi....

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.... f) As this Court is not concerned with the constitutionality of such independent forfeiture proceedings contemplated under the 2016 Amendment Act on the other grounds, the aforesaid questions are left open to be adjudicated in appropriate proceedings." In view of the above, the subject matter would be covered by the judgment of the Apex Court in case of "Union of India & Anr. Versus M/s. Ganpati Dealcom Pvt. Ltd." dated 23.08.2022 reported in 2022 SCC OnLine SC 1064. The appeal cannot however be disposed of with the aforesaid, rather it is a joint prayer of the counsels that the legal and factual issues determined by the Adjudicating Authority to be kept open for consideration in appropriate proceedings, if so required. The disposal of....