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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The word “Benami” means anonymous or nameless and benaji term “Benami Transaction” is used progibition describe a transaction where one person pays for property but the property is henami to or held by somebody else.

Real Estate and Construction. The income-tax department on Friday notified the provisions of the Benami Act with effect from 1 November, reinforcing the fight prohibitiob tax evasion. Benami Transactions Prohibition Amended Act, Upon passing of the order, the Initiating Officer shall refer the same to the Adjudicating Authority for hearing and orders. Real estate is considered as one of the major avenues for investment of unaccounted money in India.

The various forms of punishment under the Benami Act are as follows: 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 fransaction the Government.

India January 2 Get done in 7 mins. Issue of Show Cause Notice by Initiating Officer where he has reason to believe that any person is a benamidar in respect of a property. Fri, Oct 28 The act defines a ‘benami’ transaction as any transaction in which property is transferred to one person for consideration paid by another person. Section 20 of the Amendment Act mandates any officer of the Income Tax Authorities, Customs and Excise Department, Narcotics Control Bureau, Reserve Bank of India and banking companies, Securities and Exchange Board of India and the stock exchange, Enforcement Directorate, any body-corporate constituted under any State or Central Act, and local authorities to assist the above-mentioned authorities in the enforcement of the Amendment Act.


Prohibition of Benami Property Transactions Act,

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:. The Primary Act had several loopholes, including the absence of an appellate mechanism and lack of provisions for vesting of the confiscated property with the Central government.

Further, vide Notification No. The inclination of the present Government to effectively curb fraudulent property transactions and bring transparency is therefore quite evident. In the past few years, we have seen the government major steps to end black money dealings through various measures such as the black money act, Income Disclosure Scheme, demonetization, etc.

Benami Transactions (Prohibition) Act – A Study in Comparison

Retrieved 26 July Let us understand what a Benami transaction is and who are the parties involved with this example:.

The Amendment Act also deems every proceeding instituted by any of the authorities involving discovery, inspection, summons, etc. Crude oil prices to direct sugar prices in It is imperative to note that all offences under this Act are non-cognizable and shall not bar the application of any other prohjbition law for the time being in force including but not limited to a separate action under the Income Tax Act, In an attempt to curb black money, prohibiyion 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, pronibition.

Any property, whether movable or immovable, tangible or intangible, which has been the subject matter of a Benami transaction, is a Benami property. Chapter VI provides for constitution of special courts for conducting trial of an offence punishable under the Amendment Act.

An Insight On Defaults. Safeguard mechanisms such as the adjudicating authority and the appellate mechanism for appeals have also been notified in the rules. Login Register Follow on Twitter Search. The Amendment Act seeks to clearly define the benami transactions, establish adjudicating authorities and an Appellate Tribunal to deal with benami transactions, and specifies the penalty for entering into benami transactions.


Benami Act provisions to come into force from 1 November – Livemint

However, due to various deficiencies in the Act, the rules required for operationalizing the Act were not framed. With increased transparency, title risks would be minimised and buyer confidence in property transactions will get a boost. From Wikipedia, the free encyclopedia.

The Act establishes four authorities who will be able to conduct inquiries regarding benami transactions: Provisional attachment of property if necessary. By using this site, you agree to the Terms of Acf and Privacy Policy. However, the Court dismissed the writ petition by stating that it was beyond the powers of the judiciary to undertake such action.

Share Facebook Twitter Linked In. The benami properties attached include deposits in bank accounts and immovable properties. Register now for your free, tailored, daily legal newsfeed service.

Your LinkedIn Connections at Firm. Retrieved from ” https: Archived from the original PDF on A property is purchased and registered in the name of Mr A.

Why tax liquidated damages? The Act defined a ‘benami transaction’ as “any transaction in which property is transferred to one person for a consideration paid or provided by another person”. Accordingly, the Benami Transactions Prohibition Act, was enacted by the Parliament which came into force on 19 May Benami Transactions – Law In India.

Media, Telecoms, IT, Entertainment. In force Benami Transactions Prohibition Act, is an Act of the Parliament of India that prohibits certain types of financial transactions.

Paid E-filing by Expert CAs. 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.

Benami Transactions (Prohibition) Act, 1988

Do you have a Question or Comment? Retrieved 17 February The practice of including the correct name in property transactions will bring transparency in the sector. Sat, Oct 29