Rajesh Katyal v .IT Department (2023)451 ITR 455 (Delhi)(HC)

Benami Property Transactions Act, 1988

S. 3: Benami Transactions — Notice in respect of transactions entered into prior to amendment in 2016 – Amendment to have effect only prospectively — Notice was quashed[ Benami Transactions (Prohibition) Amendment Act, 2016, S 53 ]

Held accordingly, allowing the petition, that the benami transactions with respect to purchase of lands by the company AK between the period from 2007 to 2010 and transfer of shares held by the assessee in the company on May 31, 2014 undertaken by the petitioner were entered into prior to November 1, 2016. The notice issued under section 53 of the Prohibition of Benami Property Transactions Act, 1988 as amended by the 2016 Act was quashed.Followed  UOI  v. Ganpati Dealcom Pvt  Ltd. (2022) 447 ITR 108 (SC)