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 Act establishes four authorities who will be able to conduct inquiries regarding benami transactions:. When a property is held by:. Sat, Oct 29 Although benami transactions are now illegal, the act had prohibiton success in curbing them.

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The authority will decide within a year if the property is benami. Plans start from Rs.

The various forms of punishment under the Benami Act are as follows: Benami property would also prkhibition the right or such other document evidencing title or interest in such property. 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.

My saved default Read later Folders shared with you. 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 prohibitino other person, the transaction is called benami.

This makes Mr B the beneficial owner of the property. Several benami transactions have been identified since the coming into effect of the amended law. Benami Transactions Prohibition Amended Act, The Amendment Act also deems every proceeding instituted by any of the authorities involving discovery, prohihition, summons, etc. The income-tax department on Friday notified the provisions of the Beanmi Act with effect from 1 November, reinforcing the fight against tax evasion.

Real estate is considered as one of the major avenues for investment of unaccounted money in India.

Benami Transactions (Prohibition) Act, – Wikipedia

This, in turn, was ostensibly due ;rohibition the fact that the requisite rules in relation to the Act had not been framed. A fresh breath of professionalism will be ushered in. From Wikipedia, the free encyclopedia. If you would like to learn trnasaction Lexology can drive your content marketing strategy forward, please email enquiries lexology.


This enables the payer to achieve undesirable purposes such as utilizing black money, evading the payment of tax and avoiding making payments to creditors. Paid E-filing by Expert CAs.

Section 19 empowers any authority constituted under the Amendment Act to require any police officer, officer prohibitlon the Central or State Government for conducting proceedings under the Act.

The Amendment Act specifies the following cases which are exempted from the scope of the definition of a benami transaction. The bill will replace the older Benami Transactions Prohibition Act, Crude oil prices to direct sugar prices in Benami Transactions Prohibition Act, is an Act of the Parliament of India that prohibits certain types of financial transactions. However, it may be noted that the Special Courts have not been granted with any power to take cognizance of matters suo motu.

The Times Of India. Retrieved from ” https: Benami is a South Asian word that means “without name” or “no name”. No software installation required Safe and Secure. With increased transparency, title risks would be minimised and buyer confidence in property transactions will get a boost.

The term ‘Benami Transaction’ covers a transaction or Arrangement where a property is transferred to, or is held by, a person for benmai consideration provided, or paid by, another person; and the property is held for the immediate or future benefit, direct or indirect, of the person providing the consideration.

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.

Benami Transactions Prohibition Amendment Act, A property is purchased and registered in bwnami name of Mr A. Updated versions were therefore passed in andseeking to more comprehensively enforce the prohibitions. It also states that properties held benami are liable prohibitino confiscation by the government without payment of compensation. 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.


Get done in 7 mins. 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.

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 Property Transactions Act, – Meaning & Provisions

Login Register Follow on Twitter Search. Invest in best performing Mutual funds for building long term wealth. Out of these, provisional attachment has already been effected in cases. The Amendment Act also empowers the Central Government to confiscate any benami property. Any appeal against the order of the Adjudicating Authority shall be placed tarnsaction the Appellate Tribunal as set up under Chapter V of the Amendment Act.

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

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 peohibition 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.

Share Facebook Twitter Linked In. Appeals against orders of the Appellate Tribunal will be to the respective High Court with jurisdiction. Stamp duty and registration of instruments has always been a complex and benamii about issue. With a view to transwction effective regime for prohibition of benami transactions, the said Act was amended through the Benami Transactions Prohibition Amended Act,