|Question And Answer|
|Subject:||24 of benami prop act|
|Category:||General Law, Income-Tax|
|Answered by:||Advocate Aditya Ajgonkar|
|Tags:||Benami, Benami Act, Benami transaction, Ex parte order|
|Date:||May 25, 2022|
IF ex parte order is passed u/s 24 as above said, Is it possible to get it recalled ?
The Section 24 of Prohibition of Benami Property Transactions Act, 1988, makes it mandatory for the Initiating officer to issue a show cause notice upon the alleged ‘benamidar’ or the ‘beneficial owner’ to show cause within such time as may be specified in the notice why the property should not be treated as benami property. The Order under 24(4) can only be passed after issuing the show cause and considering ‘all relevant materials’. If therefore, the order is passed without considering the reply to the show cause, then appropriate proceedings may be taken out to get the order ‘set aside’ for fresh consideration as being in violation of the scheme of Section 24 as well as being in violation of the principles of natural justice.