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Benami Transactions

Latest Articles


Understanding Benami Property: Definition, Offenses & Examples

Corporate Law : Learn about Benami properties, their definition, motive, and legal implications. Explore examples of Benami transactions and the c...

July 22, 2023 15126 Views 3 comments Print

Provisions of Prohibition of Benami Property Transactions Act, 1988 Rationalised

Income Tax : Understand changes to the provisions of the PBPT Act,1988 with budget 2023 - Section 46 appeals & more...

February 5, 2023 1254 Views 0 comment Print

Benami transactions or Benami property

Income Tax : Understand the impact of Benami transactions and property dealings. Learn about the legal implications and consequences of such tr...

November 25, 2022 4821 Views 1 comment Print

Laws against Benami Property in India

Corporate Law : Learn about the Benami Transactions (Prohibition) Amendment Act, 2016 and the measures taken to confiscate Benami property in Indi...

November 24, 2022 1866 Views 0 comment Print

SC: No Criminal Proceedings can be initiated against any Benami transaction prior to October, 2016

Income Tax : SC held that revenue department cannot initiate criminal proceedings for transactions entered into prior to the Benami Transaction...

August 25, 2022 864 Views 1 comment Print


Latest Judiciary


MP HC Dismisses Writ Petition on Benami Property Transactions Act, Citing Availability of Statutory Remedy

Corporate Law : Explore the legal intricacies of Santosh Bhadoriya's challenge against a show cause notice and provisional attachment order under ...

March 31, 2024 2667 Views 0 comment Print

Section 5 Provision under Amended Act on Benami Property Transactions Applies Prospectively: Madras HC

Income Tax : Explore the Madras High Court's stance on applying Section 5 of the Amended Prohibition of Benami Property Act retrospectively. An...

January 5, 2024 963 Views 0 comment Print

Writ Dismissed as Provisional Attachment Lifted under Section 24(4)(b)(i) of Benami Property Act

Corporate Law : Kerala High Court dismissed the writ petition as provisional attachment made u/s 24(4)(b)(i) of the Prohibition of Benami Property...

November 2, 2023 264 Views 0 comment Print

Benami Property: Calcutta High Court Refuses to Quash Notice 

Corporate Law : Calcutta High Court allows re-hearing and extension to file objections in a case concerning Section 24 of the Prohibition of Benam...

July 23, 2023 942 Views 0 comment Print

HC quashed proceedings under Benami Transactions (Prohibition) Amendment Act, 2016 for transactions prior to 25-10-2016

Income Tax : Brightcareer Consultancy Services Pvt. Ltd. Vs Union of India (Bombay High Court) HC quashed proceedings under Benami Transactions...

January 2, 2023 744 Views 0 comment Print


Latest Notifications


Allocation of Jurisdiction among Competent Authorities – Benami Property Act

Income Tax : Read latest notification (No. 04/2023) from Ministry of Finance, Department of Revenue, allocating jurisdiction among Competent Au...

July 31, 2023 1272 Views 0 comment Print

Govt notifies jurisdiction for Competent Authorities under Benami Act

Income Tax : Central Government allocates jurisdiction among Competent Authorities authorized under section 5(1) of Smugglers and Foreign Excha...

July 19, 2021 3255 Views 0 comment Print

Prohibition of Benami Property Transactions (1st Amendment), Rules, 2019

Income Tax : (1) These rules may be called the Prohibition of Benami Property Transactions (1st Amendment), Rules, 2019. (2) They shall come in...

November 29, 2019 2928 Views 0 comment Print


Laws against Benami Property in India

November 24, 2022 1866 Views 0 comment Print

Learn about the Benami Transactions (Prohibition) Amendment Act, 2016 and the measures taken to confiscate Benami property in India.

SC: No Criminal Proceedings can be initiated against any Benami transaction prior to October, 2016

August 25, 2022 864 Views 1 comment Print

SC held that revenue department cannot initiate criminal proceedings for transactions entered into prior to the Benami Transaction (Prohibition) Amendment Act, 2016

Provisions of Benami Act to be implemented prospectively: SC

August 23, 2022 6714 Views 0 comment Print

Section 3(2) of the unamended 1988 Act is declared as unconstitutional for being manifestly arbitrary. Accordingly, Section 3(2) of the 2016 Act is also unconstitutional as it is violative of Article 20(1) of the Constitution.

Member of Indian Legal Service cannot be appointed as a Judicial Member under Benami Transaction Act

April 8, 2022 600 Views 0 comment Print

V. Vasanthakumar Vs Union of India (Madras High Court) Section 32(2)(a) of the Prohibition of Benami Property Transactions Act, 1988, postulates the qualifications for appointment of a Judicial Member and, as per the said provision, a Member of the Indian Legal Service who held the post of the Additional Secretary or equivalent post in that […]

PMLA, 2002 & Benami Transactions (Prohibition) Amendment Act, 2016

February 5, 2022 3951 Views 0 comment Print

Prevention of Money Laundering Act (PMLA), 2002 and The Benami Transactions (Prohibition) Amendment Act, 2016 in India A. Prevention of Money Laundering Act (PMLA), 2002  1. Introduction on the PMLA (i) Definition of PMLA is given under section 3 of the PMLA, 2002 where any activity of Money Laundering is involved for the purpose of […]

Will property become Benami if you purchase in Relatives name?

January 25, 2022 37257 Views 1 comment Print

It is very common to purchase property in the name of our close relatives like spouse, children, parents and siblings. However it is important for us to understand from the legislative perspective, are we allowed to purchase the property in name of our relatives? If we are allowed to purchase the property on behalf of […]

Benami Act, 1988, would not extend to properties purchased by the company

October 13, 2021 4413 Views 0 comment Print

In present facts of the case the Hon’ble High Court have allowed the writ petition filed by the Company, wherein it was held that so far as the ownership of land is concerned, each company has right to purchase property and the Benami Act, 1988, would not extend to properties purchased by the company.

Writ not maintainable if due procedure followed by Authorities

September 13, 2021 1002 Views 0 comment Print

In present facts of the case, the Hon’ble High Court dismissed the writ petition by making observations that the due procedure of law was followed by the Respondents under Section of the 24(4)(a)(i) of the Benami Transactions (Prohibition) Amendment Act, 2016.

Govt notifies jurisdiction for Competent Authorities under Benami Act

July 19, 2021 3255 Views 0 comment Print

Central Government allocates jurisdiction among Competent Authorities authorized under section 5(1) of Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 for the purpose of section 7 of the Prohibition of Benami Property Transactions Act 1988 MINISTRY OF FINANCE (Department of Revenue) (COMPETENT AUTHORITY CELL) New Delhi Notification No.02 of 2021 |  Dated: 19th […]

Amendment to Prohibition of Benami Property Transactions Act, 1988 – Prospective or retrospective?

April 16, 2021 1869 Views 0 comment Print

Deific Abode LLP Vs Union of India (Calcutta High Court) The fundamental point of contention, as advanced by Mr. Khaitan, learned Senior Advocate, appearing on behalf of the petitioners, is the unconscionable and illegal ‘retrospective applicability’ of the 1988 Act, leading to these proceedings. When the matter was last taken up, Mr. Khaitan had conspicuously […]

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