Appeals and Rectification Remedies Under Benami Act
- Blog|Income Tax|
- 2 Min Read
- By Taxmann
- |
- Last Updated on 19 July, 2022
Latest from Taxmann
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Section of PBPT Act |
Order |
Authority passing the order |
Whether apparent mistakes in order can be rectified by authority passing the order under the existing PBPT Act
|
Whether apparent mistakes in order can be rectified by authority passing the order under the amended PBPT Act |
Whether appeal can be filed against the order to Appellate Tribunal under the existing PBPT Act |
Whether appeal can be filed against the order to Appellate Tribunal under the amended PBPT Act |
||||
|
24(3) |
Provisional attachment of property
|
Initiating Officer (IO) |
No |
Yes |
No. [See Note 1] |
No. [See Note 1] |
||||
|
24(4) |
Order continuing provisional attachment of property
|
Initiating Officer |
No |
Yes |
No [See Note 1] |
No [See Note 1] |
||||
|
24(4) |
Provisional attachment of property if not done so earlier
|
Initiating Officer |
No |
Yes |
No [See Note 1] |
No [See Note 1] |
||||
|
26(3) |
Order holding property to be benami property and confirming order of attachment by the IO
|
Adjudicating Authority |
Yes |
Yes |
Yes |
Yes |
||||
|
26(5) |
Order provisionally attaching a property other than that referred by IO |
Adjudicating Authority |
Yes |
Yes |
No |
No |
||||
|
27(1) |
Order confiscating a property adjudged to benami pro- perty under section 26(3)
|
Adjudicating Authority |
No |
Yes |
No |
No |
||||
|
29(2) |
Order to person in possessionof confisca ted benami property to surrender deliver pos- session to Administra- tor or his authorised person
|
Administrator |
No |
Yes |
No |
No |
||||
|
47 |
Order amending order passed to rectify mistake apparent from record
|
Any authority |
No |
Yes |
No |
No |
||||
|
54A |
Order imposing penalty |
By authority who issued sum- mons u/s 19 or authority who called for information u/s 21 |
Not applicable (as section 54A is not an existing provision) |
Yes |
Not appli- cable (as section 54A is not an existing provision) |
Yes |
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Buy Taxmann's Law Relating to Prohibition of Benami Property Transactions Act 1988
Note 1: The orders of attachment passed by IO are temporary in nature as reference of case is made by IO to Adjudicating Authority and these orders come under the scrutiny of the Adjudicating Authority who revokes the same if the referred property is adjudged to be not benami property. No appeal has been provided against the attachment orders of IO probably for the reason that these orders come under the lens of Adjudicating Authority in normal course.
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