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

Benami property transaction scrutinized: Provisional attachment order questioned for pre-2016 purchase.

Case Laws     Benami Property

September 14, 2024

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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