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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Benami Property Transactions Act, – Meaning & Provisions

So if a new Act was passed inall those rransaction acquired benami properties before would be given immunity. Updated versions were therefore passed in andseeking to more comprehensively enforce the prohibitions. In light of the above, Chapter III of the Amendment Act seeks to remove the lacunae of the Act and provide more clarity on the aforesaid issue.

Benami is a South Asian word that means “without name” or “no name”. It alerts me to changes taking place in the legal environment in South Africa that I may not otherwise have spotted or had pfohibition access to as a company lawyer. No software installation required Safe and Secure. Real Estate Sector in India is one of the few sectors that have witnessed exponential growth in the last two decades.

Benami Transactions (Prohibition) Act, – Wikipedia

Invest in best performing Mutual funds for building long term wealth. Register now for your free, tailored, daily legal newsfeed service. Real Estate Webinar Jan 12, Video. 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. Benami transactions have been a bane of the Indian economy since transcation s, requiring a comprehensive legislation to curb the effects of such transactions which cripple a growing economy.

In cases where the price is not ascertainable, another procedure will be prescribed. SO E, dated Any appeal against the order trxnsaction the Adjudicating Authority shall be placed before the Appellate Tribunal as set up under Chapter V of the Amendment Act. Section 20 of the Amendment Act rtansaction any officer of the Income Tax Authorities, Customs and Excise Department, Narcotics Xct 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.


The person who pays for the property is the real beneficiary, either at present or at some point in the future, but is not recorded as the legal owner of the property. In this Act, the word is used to define a transaction in which the real beneficiary is not the transacction in whose name the property is purchased.

The Act is necessary to reduce generation and utilization of unaccounted black money.

When a property is held by:. Paid E-filing by Expert CAs. Benami transactions also include transactions carried out in fictitious names or where the transation providing the consideration is not traceable.

The Benami Transactions Prohibition Act, An Act to prohibit benami transactions and the right to recover transaxtion held benami and for matters connected therewith or incidental thereto. Chapter IV of the Amendment Act lays down the procedure for attachment, adjudication and confiscation of benami property and Section 24 of the Amendment Act provides the accused an opportunity to adt cause as to why a property should not be treated as a benami property, thus opening a scope for trial.

Benami Transactions (Prohibition) Act – A Study in Comparison

The content of this article is intended to provide a general guide to the subject matter. Provisional attachment of property if necessary. 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. The Amendment Act seeks to cover comprehensively all aspects of transactions or arrangements where the source of funding for acquisition of a benami property has no permissible links to the ownership structure.

This Act, along with the stringent Black Money Undisclosed Foreign Income and Assets and Imposition of Tax Act,to penalize those with unaccounted wealth abroad, will help the government in its fight against black money both within and outside the country. The Amendment Act also deems every proceeding instituted by any of the authorities involving discovery, inspection, summons, etc.


This would also include the consideration received from such property.

This enables the payer to achieve undesirable purposes such as utilizing black money, evading the payment of tax and avoiding making payments benai creditors. Beneficial owner, Benamidar Any other person who abets or induces any person to enter into benami transaction The offences are non-cognizable and non-bailable. This page was last edited on 5 Novemberat The benami properties attached include deposits in bank accounts and immovable properties. Your LinkedIn Connections at Firm. More from this Firm.

The real estate sector has been one of the top-most contributors to the country’s Gross Domestic Product GDP and employment creation.

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

The inclination of the present Government to effectively curb fraudulent property transactions and bring transparency is therefore quite evident. Ministry of Financeina writ petition was filed in Delhi High Court with a prayer to have the Court appoint a competent authority contemplated under Section 5 of the Act, and thereby frame rules in relation to the procedure to be transacgion by the said authority for acquiring benami properties.

To address these deficiencies, several years later, benajithe Govt of India introduced “Benami Transactions Prohibition Bill, “. In an attempt to curb black money, in JulyModi government decided to amend the original 198 [8] which was subsequently passed by the Parliament of India as “The Benami Transactions Prohibition Amendment Act, “.

Mr A only agrees to hold the property for Mr B. 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, At this juncture, it is worth mentioning that in the case of Shanmuga Patro v.

The Amendment Sct increases the scope of transactions which qualify as benami and includes property transactions where:.

Fair Market Value is a price that the property would ordinarily fetch on sale in open market.