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 Transactions (Prohibition) Act – A Study in Comparison

Thus, it is abundantly clear that the intention of the legislature is to create a mechanism to curb and redress benami transactions. Log In Sign Up. India January 2 Login Register Follow on Twitter Search. The income-tax department on Friday notified the provisions of the Benami Act with effect from 1 November, reinforcing pohibition fight against tax evasion.

Register now for your free, tailored, daily legal newsfeed service. A property is purchased and registered in the name of Mr A. 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.

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Benami Transactions (Prohibition) Amended Act,

The Amendment Act is one amongst a series of legislations being passed by the Government to stop circulation of unauthorized currency and purchase of unaccounted property in India. These authorities are vested with the same powers as that of a civil court under the Code of Civil Procedure, The Times Of India. Further, vide Notification No. Several questions are usually asked by people, such as:.


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.

Accordingly, the Benami Transactions Prohibition Act, was enacted by the Parliament which came into force on 19 May Upon passing of the order, the Initiating Officer shall refer the same to the Adjudicating Authority for hearing and orders. What is a Benami transaction?

Unlawful Activities Prevention Act. 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. 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.

Let us understand what a Benami transaction is and who are the parties involved with this example:. An Insight On Defaults.

The Amendment Act increases the scope of transactions which qualify as benami and includes property transactions where: With a view to providing effective regime for prohibition of benami transactions, the said Act was amended through bdnami Benami Transactions Prohibition Amended Act, Benami transactions have been a bane of the Indian economy since the s, requiring a comprehensive legislation to curb the effects of such transactions which cripple a growing economy.

Click here to register your Prohiition. 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.

Benami Transactions (Prohibition) Act, 1988

This page was last edited on 5 Novemberat The Amendment Act also empowers the Central Government to confiscate any benami property. Moreover, this will also increase the tax revenue for the Government by curbing unaccounted money into the system. If you would like to learn how Lexology can drive your content marketing strategy forward, please email enquiries lexology.


News About this Firm. Share Facebook Twitter Linked In. Paid E-filing by Expert CAs. Benami Transactions Prohibition Amended Act, Although benami transactions are now illegal, the act had limited projibition in curbing them.

When a property is held by: 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. Real Estate and Construction.

Benami Transactions (Prohibition) Act, – Wikipedia

The act bans all benami transactions and gives the government the right to recover property held benami without paying any compensation. In this Act, the word is used to define a transaction in which the real beneficiary is not the one in whose name the property is purchased.

The Amendment Act specifies the following cases which are exempted from the scope of the definition of a benami transaction.

Any property, whether movable or immovable, tangible or intangible, which has been the subject matter of a Benami transaction, is a Benami property. Please contact transaaction lexology.

The Initiating Officer shall commence proceedings, issue notice and pass necessary orders including that of provisional attachment with the approval of the Approving Authority.