Show-cause notice issued under section 26(1) of Prohibition of Benami Property Transactions Act, 1988 is not appealable under the court of law.

–         Vide Decision of High court of Delhi in Initiating officer Vs. Appellate tribunal under ther prohibition of Benami Property transactions.

Facts of the case:

  1. Instant writ petition was filed challenging the order of the Appellate Tribunal.
  2. 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:

  1. 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.
  2. The jurisdiction of the Appellate Tribunal to entertain the Respondent’s challenge to show-cause notice is in doubt. 

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