Shanti Prime Publication Pvt. Ltd.
Section 8 of the Benami Transaction (Prohibition) Act, 1988—Benami Transaction— The omission on the part of the government to frame rules under Section 8 of the Benami Transaction Act, 1988 rendered it a dead letter and wholly inoperative and assuming that the appellant had entered into a benami transaction in 2011, no action could be taken by the Central government, in the absence of enabling procedural rules and it is well within the right of the appellant to contend that the Central government had waived its rights. Applying the definition of benami property and benami transaction the Central government could not, on the basis of the 2016 amendment allege contravention and start the prosecution in respect of a transaction in 2011 — GANPATI DEALCOM PVT. LTD. Vs. UOI [2020] 421 ITR 483 (CAL).