HC quashes Benami proceedings initiated against AAP’s Minister Satyendar Jain; cites SC ruling
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- Last Updated on 17 October, 2022
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Case Details: Jaladi Prasuna v. Union of India - [2022] 143 taxmann.com 188 (Delhi)
Judiciary and Counsel Details
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- Yashwant Varma, J.
Facts of the Case
The Delhi High has quashed the proceedings initiated against Delhi Government Minister, Mr. Satyendar Jain under the Prohibition of Benami Property Transactions Act, 1988.
High Court Held
The High Court has taken the reference of the Supreme Court ruling in the case of Ganpati Dealcom (P.) Ltd. [2022] 141 taxmann.com 389, wherein the apex court had declared retrospective operations of the Benami Transactions (Prohibition) Amendment Act, 2016 as unconstitutional.
The Benami transactions, from the proceeds of which certain attached assets were claimed to have been purchased by Mr Satyendar Jain, took place between 2011 and March 31, 2016. Accordingly, the amendment which came into effect by the Amendment Act, 2016 will not apply.
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