N. V. RAMANA, KRISHNA MURARI, HIMA KOHLI
Union Of India – Appellant
Versus
Ganpati Dealcom Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. analysis of the legal context and historical implications (Para 2 , 4 , 15) |
| 2. factual background of the case (Para 3 , 5 , 6 , 8 , 10) |
| 3. constitutionality and enforceability of the amended act (Para 14) |
N.V. RAMANA , CJI.
2. This case involves a tussle between the normative and positivist positions regarding the nature of a crime and punishment. Treating the Constitution as a flag post, a result of this tussle is sought in the following deliberation.
4. The short legal question which arises for this Court’s consideration is whether the Prohibition of Benami Property Transactions Act , 1988 [for short ‘the 1988 Act’], as amended by the Benami Transactions (Prohibition) Amendment Act, 2016 [for short the ‘2016 Act’] has a prospective effect. Although a purely legal question arises in this appeal, it is necessary to have a brief factual background in mind before we advert to the analysis.
6. Accordingly, on 29.08.2017, the Deputy Commissioner of Income Tax (Adjudicating Authority) issued a notice to the respondent–company invoking Section 24(1) of the 2016 Act to s
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