Provisional Attachment released u/s 24(4)(b)(i) of Prohibition of Benami Property Transactions Act by Benami Officer: Kerala HC disposes Writ Petition [Read Order]
Provisional Attachment – Benami Property Transactions Act – Prohibition – Prohibition of Benami Property Transactions Act – Kerala HC – taxscan
Provisional Attachment – Benami Property Transactions Act – Prohibition – Prohibition of Benami Property Transactions Act – Kerala HC – taxscan
The Kerala High Court dismissed a writ petition as the provisional attachment has been made under Section 24(4)(b) (i) of the Prohibition of Benami Property Transactions Act, 1988.
The petitioner in the present matter is PM Sharijth. These writ petitions have been filed mainly seeking the prayer to issue a writ of mandamus or such other writ or directions to the 1st respondent, Assistant Commissioner of Income Tax to release the provisional attachment, made in respect of the properties of the petitioner vide orders issued under Section 24(4)(b)(i) of the Benami Prohibition Act.
S.Manu, the Deputy Solicitor General of India for the first respondent, has made available a copy of communication dated 18.10.2023 issued from the office of the Assistant Commissioner of Income Tax, ACIT (BPU), which states that the provisional attachment made vide order under Section 24(4)(b) (i) of the Prohibition of Benami Property Transactions Act, 1988 in respect of the properties of the petitioners herein, has been lifted.
The Initiating Officer, as defined under the Prohibition of Benami Property Transactions Act, 1988, after following the due process of law under Section 24 of the Prohibition of Benami Property Transactions Act, 1988 has power under Section 24 (3) of the Prohibition of Benami Property Transactions Act, 1988, with previous approval of the Approving Authority, to provisionally attach the property for which he has reason to believe that the same is a benami property, for a period not exceeding ninety days from the date of notice issued under Section 24 (1) of the Prohibition of Benami Property Transactions Act, 1988.
The main condition under Section 24(3) is that the Initiating Officer should be of the opinion that the person in possession of the property held benami may alienate the property during the period of show cause notice.
A Single Bench of Justice Dinesh Kumar Singh observed that “In view of the above, nothing survives in these writ petitions. Recording the above, these writ petitions are disposed of. Pending interlocutory applications, if any, in these writ petitions would stand dismissed.”
To Read the full text of the Order CLICK HERE
Support our journalism by subscribing to Taxscan premium. Follow us on Telegram for quick updates
