- Vide Decision of High court of Delhi in Initiating officer Vs. Appellate tribunal under ther prohibition of Benami Property transactions.
Facts of the case:
- Instant writ petition was filed challenging the order of the Appellate Tribunal.
- The challenge raised was that no appeal could have been filed before the Appellate Tribunal against show-cause notice issued by the Adjudicating Authority under section 26 of the Prohibition of Benami Property Transactions Act, 1988 as the said provision does not permit such an appeal challenging a show-cause notice.
Judgement:
The honourable High Court of Delhi held the case as follows:
- The challenge raised was that no appeal could have been filed before the Appellate Tribunal against show-cause notice issued by the Adjudicating Authority under section 26 of the Prohibition of Benami Property Transactions Act, 1988 as the said provision does not permit such an appeal challenging a show-cause notice.
- The jurisdiction of the Appellate Tribunal to entertain the Respondent's challenge to show-cause notice is in doubt.