Contractor’s statement alone insufficient to establish a transaction as benami

Smt. Meera Pandey Vs Union of India (Allahabad High Court)

In the case of Smt. Meera Pandey Vs Union of India, the Allahabad High Court has made a significant ruling, quashing benami transaction proceedings initiated against the petitioner. The judgment highlights the importance of substantial evidence in such cases, emphasizing that a contractor’s statement alone is insufficient to establish a transaction as benami.

The petitioner challenged a show cause notice and provisional attachment order issued under the Prohibition of Benami Property Transactions Act, 1988. The court examined the validity of the proceedings, particularly focusing on the evidence presented by the department. It noted that the initiation of proceedings relied heavily on the statement of a contractor without substantial supporting material.

The court delved into the relevant provisions of the Benami Transactions Act, scrutinizing the requirement for an initiating officer to have sufficient material and a reason to believe before issuing a notice. It emphasized the need for strict interpretation of taxing statutes and the importance of rational, relevant, and non-arbitrary reasons for initiating proceedings.

Further, the court analyzed precedents and established principles regarding the formation of belief by the initiating officer, emphasizing that the reasons recorded must be based on relevant material. It highlighted that mere pretense without substantial reasons would render the proceedings invalid.

Please become a Premium member. If you are already a Premium member, login here to access the full content.