Union of India and Another v. Ganpati Dealcom Pvt. Ltd.

SRI KEMPEGOWDA vs. INITIATING OFFICER UNDER THE PBPT ACT AND DEPUTY COMMISSIONER OF INCOME TAX (BP)

Bench: The Hon'Ble Mr Justice M.Nagaprasanna Writ Petition No. 50104 Of 2019 (Gm-Res)

…t Act, 2016. 2. Learned counsel appearing for the petitioners would submit that the issue in the lis stands covered by the judgment rendered by the Hon’ble Apex Court in the case of Union of India and Another v. Ganpati Dealcom Pvt. Ltd. reported in 2022 SCC OnLine SC 1064. 3. Learned counsel for the respondents would not dispute the position. 4. Learned counsel for the petitioners would further take this Court through an order passed by this Court in W.P.No.27322/2019 and connected matters, disposed on - 4 - WP No. 50104 of 2019 05.09.2022, following the…

H K RAMEGOWDA vs. INITIATING OFFICER UNDER THE PBPT ACT AND DEPUTY COMMISSIONER OF INCOME TAX (BP)

Bench: The Hon'Ble Mr Justice M.Nagaprasanna Writ Petition No. 50061 Of 2019 (Gm-Res) Between: 1. Sri. H.K. Ramgegowda S/O Sri. Kempegowda, Aged About 47 Years, Residing At Hullenahalli Village, Dhudha Hobli, Hassan Taluk, Hassan District.

…t Act, 2016. 2. Learned counsel appearing for the petitioners would submit that the issue in the lis stands covered by the judgment rendered by the Hon’ble Apex Court in the case of Union of India and Another v. Ganpati Dealcom Pvt. Ltd. reported in 2022 SCC OnLine SC 1064. 3. Learned counsel for the respondents would not dispute the position. 4. Learned counsel for the petitioners would further take this Court through an order passed following judgment of the Hon'ble Apex Court in Union of India's case (supra) in W.P. No.27322/2019 and connected matters, wherein a coordinate Bench of thi…

SHRI NARA SURYANARAYANA REDDY S/O LATE GOWRANNA vs. CENTRALA BOARD OF DIRECT TAXES

Accordingly, the writ petition is allowed

Bench: The Hon'Ble Mr Justice Hemant Chandangoudar Writ Petition No. 103660 Of 2022 (T-Pt) Between: 1. Shri Nara Suryanarayana Reddy S/O Late Gowranna S/O. Late Gowranna, Aged 67 Years, R/At. 21/2, Surya Nivas, 2Nd Cross, Nehru Colony, Gandhinagara, Ballari-583101 …Petitioner (By Sri. Gangadhar J M.,Advocate) And: 1. Centrala Board Of Direct Taxes North Block, New Delhi-110001 R/By Its Chairman 2. Under Secretary Ministry Of Finance, Government Of India, 3Rd Floor, Jeevan Deep Building, Sansad Marg, New Delhi-110001 3. Initiating Officer Deputy Commissioner Of Income Tax

…ether the properties purchased benami before amendment of Benami Property Transaction Act, 2016, is prospective or retrospective was examined by the Hon’ble Supreme Court in the case of Union of India and Another Vs. Ganpati Dealcom Pvt. Ltd. reported in 2022 SCC OnLine SC 1064 and the Hon’ble Supreme Court has held that the amendment is prospective and the provisions of the amendment act are not applicable to the properties purchased through benami earlier to the commencement of the Amendment Act. 3. The learned counsel appearing for the respondent does not dispute the ratio enunciated by the Hon’b…