HIGH COURT OF RAJASTHAN
SANJEEV PRAKASH SHARMA
RATAN SIROHI S/O SHRI GOPAL KISHAN SIROHI – Appellant
Versus
DY. COMMISSIONER OF INCOME TAX (BENAMI TRANSACTION) AND INITIATING OFFICER – Respondent
Order
12 th July, 2019 The above noted batch of writ applications, projects a challenge to the jurisdiction of the income tax authorities in initiation of proceedings under section 24 of the Prohibition of Benami Property Transactions Act, 1988 (for short, Benami Act of 1988), as amended vide Benami Transactions (Prohibition) Amendment Act, 2016 (for short, Benami Amendment Act of
2016), which came into effect on 01st November, 2016. Hence, the matters have been entertained collectively for final adjudication at this stage by this common order consented by the counsel for the parties.
2. Shorn off unnecessary details, the essential skeletal material facts needs to be taken note of for adjudication of the controversy are: that the Income Tax Department conducted search and seizure under Section 132 of the Income Tax Act, 1961, on various premises belonging to the petitioners and in course of search and seizure, several incriminating documents were found, indicating several benami transactions in purchase of lands involved herein. Accordingly, show cause notices were issued under section 24 (1) of the amended Benami Act of 1988, to show cause why action should not be taken against them
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