Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
Benami Property - Highlights / Catch Notes

Home Highlights September 2024 Year 2024 This

Benami transaction case involving cash and gold found during ...


Cash & gold found during IT search claimed as held for safe custody, not benami transaction. Adjudicating Authority refused attachment.

September 4, 2024

Case Laws     Benami Property     AT

Benami transaction case involving cash and gold found during Income Tax search u/s 132. Statements recorded, including alleged beneficial owner Nagarajan. Adjudicating Authority refused to confirm provisional attachment order u/s 24(4)(a)(i) of 1988 Act. Exception u/s 2(9)(A) of 1988 Act applied as property held for safe custody, not benami transaction. Appellate Tribunal disagreed with Adjudicating Authority's reasoning but rejected reference and attachment, as transaction fell under exception to definition of "benami transaction." Property belonged to Nagarajan as per Income Tax assessment order. Appeal by Deputy Commissioner dismissed.

View Source

 


 

You may also like:

  1. Issue of benami property transactions and the appellant's failure to prove the source of income for acquiring properties worth Rs. 1,41,37,500/-. The Initiating Officer...

  2. Prohibition of Benami Property Transactions (Conditions of services of Members of Adjudicating Authority) Rules, 2019

  3. Benami transaction - The authority has purely gone on the premise that cash is transferred from one person to another, with an object to defeat demonetization. This is...

  4. Unexplained cash payments - There is also no evidence to suggest that cash withdrawn from ETLL was unused and kept with the assessee idle though repeatedly withdrawals...

  5. 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...

  6. Search warrant u/s 132 - Retention of cash seized in search - A return of income would be filed by the petitioner for the annual year 2019-20 only after 31st March, 2020....

  7. Benami transactions - The existence of the “benami” transaction has to be proved by the authorities i.e. the person who alleges the transaction - The transaction where...

  8. This case pertains to the addition made u/s 69A of the Income Tax Act regarding unexplained cash found during a search operation. The assessee produced a cash book to...

  9. Benami Transactions - The Tribunal held that the demonetized currency notes recovered from third parties were benami properties held on behalf of Appellant, the...

  10. Unexplained cash - determination of income - Cash found from the residence and locker of the assessee during the course of search conducted by the CBI - Not a single...

  11. Appellant Directorate attached 29 properties in a benami transaction case. Adjudicating Authority excluded properties bought in the name of a family member, shifting...

  12. Benami transaction - Validity of summons issued u/s 19 and the provisional order of attachment - The court found no ex facie erroneous assumption of jurisdiction by the...

  13. Penalty u/s 271AAB - no incriminating evidence, papers/documents/stock/cash were found during the search operation other than the statement of the assessee - additional...

  14. Addition u/s 68 - large cash withdrawal by the assessee immediately before the search and seizure operation - during search and seizure operation, the cash amount was...

  15. Validity of Search and Seizure - Smuggling - Gold - As per the show cause notice, pieces of gold were found with the appellant at the Railway station as well as the...

 

Quick Updates:Latest Updates