Benami Attachments and the Collapse of Precedent: Tribunal's Response to the Ganpati Dealcom Review

Benami property orders grounded on a recalled precedent must be re-adjudicated without treating that precedent as binding.

The Tribunal held that where an adjudicatory order under the PBPTA is substantially founded on a Supreme Court judgment that has been recalled on review, that order cannot stand; the correct remedial course is to set aside and remit for de novo adjudication so the Adjudicating Authority may re-examine evidence and apply the law without treating the recalled Ganpati Dealcom decision as binding on the question of the amendments' temporal applicability.