The High Court had held that Ss. 3 & 5 of the unamended Benami Act, 1988 were unconstitutional and hence no prosecution/confiscation could be initiated for transactions prior to the 2016 Amendment. The Revenue’s SLP was dismissed by the Supreme Court. A review petition was later filed citing UOI v. Ganpati Dealcom Pvt. Ltd. (2024) 167 taxmann.com 525(SC). The Court held, following Govt. of NCT of Delhi v. K.L. Rathi Steels Ltd. (2024) 7 SCC 315, that review against dismissal of an SLP was not maintainable. Accordingly, the review petition was dismissed.
DCIT v. Kokilaben Chhaganbhai Patel (2025) 343 CTR 280 / 247 DTR 297 / 174 taxmann.com 796 (SC) Editorial : UOI v. Ganpai Dealcom (P) Ltd (Review Petn. (Civil) No. 359 of 2023 in Civil Appeal No. 5783 of 2022, review petition was declined.
Prohibition of Benami Property Transactions Act, 1988
S. 2(8): Benami property-Provisions of 1988 Act (Ss. 3 & 5) prior to 2016 amendment unconstitutional-SLP not maintainable-Review dismissed.[S. 3, 5, Art. 136]
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