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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However, it may be noted that the Special Courts have not been granted with any power to take cognizance of matters suo motu. Mr A only agrees to hold the property for Mr B. It definitely serves as a trigger for me to investigate such changes in the legal landscape in South Africa as they may affect my work and that of my employer. This Act consisted of only eight sections. Inthe Law Commission of India after studying various Acts and prevailing benami system, recommended formulating an Act to tackle the issue.

Media, Telecoms, IT, Entertainment. File all GST returns for your clients with automated data reconciliation – No download required. Retrieved 26 July Property Hotline – Your Queries Answered!! The Amendment Act increases the scope of transactions which qualify as benami and includes property transactions where:.

Benami is a South Asian word that means “without name” or “no name”. This, in turn, was ostensibly due to the fact that the requisite rules in relation to the Act had not been framed. Unlawful Activities Prevention Act. Any appeal against the order of the Adjudicating Authority shall be placed before the Appellate Tribunal as set up under Chapter V of the Amendment Act. No software installation required Safe and Secure. 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.

Specialist advice should be sought about your specific circumstances. The Amendment Act specifies the following cases which are exempted from the scope of the definition of a benami transaction. Stamp duty and registration of instruments has always been a complex and talked about issue.


Updated versions were therefore passed in andseeking to more comprehensively enforce the prohibitions. The Times Of India. Where adjudication order holds property as benami, hear affected persons and pass confiscation order. A property is purchased and registered in the name of Mr A.

The Act also has safeguard mechanisms such as the adjudicating authority and the appellate mechanism for appeals. The Benami Transactions Prohibition Amendment Act, ‘Amendment Act’ seeks to amend the Primary Act and is aimed at catching those with black money in the domestic economy hidden through benami properties.

However, it is equally interesting to note that the Amendment Act does not curb any mischief with respect to transfer of a benami property to a third party i.

Property of any kind, whether movable or prhibition, tangible or intangible, corporeal or incorporeal and includes any right or interest or legal documents or instruments evidencing title or interest in the property and where the property is capable of conversion into some other form, then the property in the converted form and also includes the proceeds from the property.

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

However, the Court dismissed the writ petition by stating that it was beyond the powers of the judiciary to undertake such action. The following transactions also fall under the definition of Benami transactions: The real estate sector has been one of the top-most contributors to the country’s Gross Domestic Product GDP and benaim creation. At this juncture, it is worth mentioning that in the case of Shanmuga Patro v.

This page was last edited on 5 Novemberat 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.

Accordingly, the Benami Transactions Prohibition Act, was enacted by the Parliament which came into force on 19 May The various forms of 198 under the Benami Act are as follows: In cases where the price is not ascertainable, another procedure will be prescribed.


An Act to prohibit benami transactions and the right to recover property held benami and for matters connected therewith or incidental thereto. The bill will replace the older Benami Transactions Prohibition Act, Plans start from Rs. Follow Please login to follow content.

Benami Transactions (Prohibition) Amended Act,

The benami properties attached include deposits in bank accounts and immovable properties. More from this Firm.

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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 would also include the consideration received from such property. Thereafter, the Government notified the provisions of the act to come into force from 1 November The act defines a ‘benami’ transaction as any transaction in which property is transferred to one person for consideration paid by another person.

Appeals against orders of the Appellate Tribunal will be to the respective High Court with jurisdiction. 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. By using this site, you agree to the Terms of Use and Privacy Policy.

Revoke provisional attachment if satisfied the property is not benami. Fri, Oct 28 Benami property would also include the right or such other document evidencing title or interest in such property. When a property is held by:.

The Benami Transactions Prohibition Amendment Act, seeks to give the government powers to confiscate benami properties—assets held in the name of another person or under a fictitious name to avoid taxation and conceal unaccounted-for wealth.