The original law relating to Benami transactions was laid down in The Benami Transactions (Prohibition) Act, This Act consisted of only. An Act further to amend the Benami Transactions (Prohibition) Act, BE it enacted by Parliament in the Sixty-seventh Year of the Republic. Benami Property Transactions Act, has been amended by the Benami Transactions (Prohibition) Amendment Act, (BTP Amendment.

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This would also include the consideration received from such property. Events from this Firm. Plans start from Rs. The inclination of the present Government to effectively curb fraudulent property transactions and bring transparency is transactionn quite evident.

Benami Transactions Prohibition Act, is an Act of the Parliament of India that prohibits certain types of financial transactions. The benami properties attached include henami in bank accounts and immovable properties. The Amendment Act provides wide powers to the authorities in relation to calling for information from, and impounding records of, any person including from any officer of the Government. This enables the payer to achieve undesirable purposes such as utilizing black money, evading the payment of tax and avoiding making payments to creditors.

Benami Transactions (Prohibition) Amended Act,

proihbition Views Read Edit View history. The authority will decide within a year if the property is benami. File all GST returns for your clients with automated data reconciliation prohibitiob No download required.

If you would like to learn how Lexology can drive your content marketing strategy forward, please email enquiries lexology. So if a new Act was passed inall those who acquired benami properties before would be given immunity. This Act consisted of only eight sections. However, the Court dismissed the writ petition by stating that it was beyond the powers of the judiciary to undertake such action. However, due to various deficiencies in the Act, the rules required for operationalizing the Act were not framed.

Benami Property Transactions Act, – Meaning & Provisions

India January 2 The income-tax department on Friday notified the provisions of the Benami Act with effect from 1 November, reinforcing the fight against tax evasion. Updated on Oct 30, – Kan Singh AIR SCexplained Benami Transaction as “Where a person buys a property with his own money but in the name of another person without any intention to benefit such other person, the transaction is called benami. Log In Sign Up.


Several questions are usually asked by people, such as:. Worldwide Europe European Union Prohkbition. The Initiating Officer transavtion commence proceedings, issue notice and pass necessary orders including that of provisional attachment with the approval of the Approving Authority. Benami Transactions – Law In India.

No software installation required Safe and Secure. In exercise of powers conferred under sub-section 2 of section 28 read with section 59 of the amended Prohibition of Benami Property Transactions Act,vide Notification No.

It is imperative to note that all offences under this Act are non-cognizable and shall not bar the application of any other applicable law for the time being in force including but not limited to a separate action under the Income Tax Act, Upon trqnsaction of the order, the Initiating Officer shall refer the same to the Adjudicating Authority for hearing and orders.

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Several benami transactions have been identified since the coming into effect of the amended law. Share Facebook Twitter Linked In. Benami Transactions Prohibition Amended Act, A property is purchased and registered in the name of Mr A.

Where adjudication order holds property as benami, hear affected persons and pass confiscation order. Property Hotline – Your Queries Answered!! Where any person enters unto a benami transaction in order to defeat the provisions of any law or to avoid payment of statutory dues or to avoid payment to creditors, the following shall be guilty of the offence of benami transaction:.

These authorities are vested with the same powers as that of a civil court under the Code of Civil Procedure, The Amendment Act also deems every proceeding instituted by any of the authorities involving discovery, inspection, summons, etc. The Amendment Act increases the scope of transactions which qualify as benami and includes property transactions where: In an attempt to curb black money, in JulyModi government decided to amend the original act [8] which was subsequently passed by the Parliament of India as “The Benami Transactions Prohibition Amendment Act, “.


This may not be feasible given the recent crackdown on licenses granted by the Government of India under the Foreign Contribution Regulation Act, and the stringent views taken in relation to such not-for-profit organizations.

When a property is held by:. This serves as an indication of the intention of the legislature to give more teeth to the erstwhile Act since no such distinct authority had been constituted under the Act which had the authority to seize and acquire benami property as provided under Section 5 of the Act. All real estate transactions shall now be in the name of the actual owner who is paying the consideration from his known sources.

Benami Transactions (Prohibition) Act, 1988 – Meaning & Provisions

Though the Benami Transactions Prohibition Act, has been on the statute book since more than 28 years, the same could not be made operational because of certain inherent defects. An Act to prohibit benami transactions and the right to recover property held benami and for matters connected therewith or incidental thereto. The Benami Transactions Prohibition Act, An Act to prohibit benami transactions and the right to recover property held benami and for matters connected therewith or incidental thereto.

Unlawful Activities Prevention Act. The reason for bringing an Amendment Act instead of a new Act is that the Primary Act has penal provisions and penal provisions cannot be applied retrospectively.

With increased transparency, title risks would be minimised and buyer confidence in property transactions will get a boost. FREE software to e-file tax return of your clients. In the long term it will make India a more attractive investment destination, aligning transactions with ethical standards and will increase international institutional investors and financial institutions participation in this sector. Inthe Law Commission of India after studying various Acts and prevailing benami system, recommended formulating an Act to tackle the issue.

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