Back
APPELLATE TRIBUNAL FOR FORFEITED PROPERTY
MUNISHWAR NATH BHANDARI, Chairman, GOPAL CHANDRA MISHRA, Member
ACIT (BPU-2) Mumbai – Appellant
Versus
M/s Gainful Multitrade Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. appeals against provisional attachment orders involve common allegations. (Para 1 , 2 , 3 , 4) |
| 2. arguments assert failure of the adjudicating authority to confirm pao based on evidence. (Para 5 , 6 , 7 , 8) |
| 3. respondents establish the legitimacy of their share capital and business operations. (Para 9 , 10 , 11 , 12) |
| 4. burden of proof on the appellant department shows lack of substantive evidence for benami claims. (Para 14 , 21 , 22) |
| 5. the tribunal finds lack of independent inquiry supporting benami transaction allegations. (Para 29 , 30 , 31 , 32 , 36) |
| 6. the appeals are dismissed, confirming the adjudicating authority's findings. (Para 41 , 42) |
ORDER
12.01.2026
The batch of the appeals have been preferred by the Assistant Commissioner of Income-tax (Benami Transaction) Unit 2, Mumbai to challenge four separate orders passed by the Adjudicating Authority on 18.07.2022 on four different references. The Adjudicating Authority did not confirm the Provisional Attachment Order (‘PAO’) of the properties while answering the references. Aggrieved by the orders passed separately on 18.07.2022, these appeals have been preferred by the Department raising several factual and le
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
