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.

Non retrospective application of punitive benami provisions affirmed, limiting enforcement to post amendment transactions.
Application of Section 5 of the Benami Transactions (Prohibition) Amendment Act, 2016 concerns whether punitive provisions enacted in 2016 apply to transactions predating the amendment. The Appellate Tribunal relied on Supreme Court precedent that such punitive provisions must be applied prospectively, and the High Court emphasized adherence to that interpretation while allowing parties to pursue further remedies pending the Supreme Court review.

Prospective application of punitive benami amendment upheld, limiting reach to post-enactment transactions and preserving pre-enactment protections.
The Madras High Court affirmed that the enhanced punitive provision introduced by the Benami Transactions (Prohibition) Amendment Act, 2016 is substantive and applies prospectively; it endorsed the Tribunal's reliance on the Supreme Court's Ganapati Dealcom decision, treated a pending Supreme Court review petition as not displacing that precedent, and disposed of the appeals while allowing further proceedings consistent with prospectivity and prior constitutional findings.