The case pertains to a provisional attachment order issued u/s ...

Appellate Tribunal Intervenes on Benami Property Case, Citing Amended Act and Evidence of Benami Transaction.

September 14, 2024

Case Laws     Benami Property     AT

The case pertains to a provisional attachment order issued u/s 24(4) of the Prohibition of Benami Property Transactions Act, 1988, involving a benami transaction. The key points are: The property was purchased before the 2016 amendment, but the benamidar held it even after the amendment. The amending Act's definition of "benami transaction" was not considered by the Adjudicating Authority. The company in whose name the property was purchased lacked the financial capacity to pay the consideration of Rs. 1 crore. Another company, whose ITR reflected the property's address, was found to be holding the property in the name of the first company. Despite not contesting the factual issues, the Appellate Tribunal found reasons to interfere with the impugned order, likely due to the applicability of the amended Act's provisions and the evidence suggesting a benami transaction.

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