Taxmann Law Relating To Prohibition of Benami Property Transactions Act 1988 Edition March 2025

Law Relating to Prohibition of Benami Property Transactions

Law Relating to Prohibition of Benami Property Transactions

Description

This book provides a comprehensive and up-to-date commentary on the Benami law, incorporating the latest amendments introduced by the Finance Act 2025. It examines the Supreme Court’s recall of its earlier judgment in the Ganpati Dealcom case and explains how the developments in India’s new criminal laws impact Benami transactions. Another notable highlight is the inclusion of the newly introduced section 107 of the Bharatiya Nagarik Suraksha Sanhita 2023 and how it interfaces with the existing legislation. In addition, the work includes a helpful Ready Reckoner listing the relatives in whose names property may be purchased or held without attracting the taint of a Benami transaction. Essentially, this authoritative commentary navigates readers through the entire arc of the legislation—covering definitions, prohibitions, authorities’ powers, attachment and adjudication proceedings, appellate remedies, offences, prosecution, and confiscation. It is backed by an extensive Table of Cases, an Alphabetical Reckoner, detailed Appendices, etc.

This book is intended for the following audience:

• Legal Professionals & Judiciary – Advocates, law firms, judges, and legal scholars will find it an essential reference for case law, procedural guidance, and interpretative clarity
• Tax & Financial Consultants – Chartered Accountants, Company Secretaries, Cost Accountants, and tax advisors can rely on it for compliance strategies and risk management related to Benami property issues
• Corporate Professionals & Business Entities – In-house counsel, CFOs, and compliance officers gain insight into the interplay of Benami legislation with corporate practices, including share transactions, disclosures, and beneficial ownership regulations
• Law Students & Researchers – A valuable academic resource that comprehensively discusses statutory provisions, recent judicial rulings, and intricate nuances of Benami transactions

The Present Publication is the 8^th Edition | 2025, amended by the Finance Act 2025. This book is authored by Taxmann’s Editorial Board with the following noteworthy features:

• [Authoritative Section-wise Commentary] Offers an in-depth analysis of each section, reflecting legislative amendments and judicial pronouncements
• [Impact of New Criminal Laws] Explores how overhauled criminal statutes affect investigation, prosecution, and confiscation under the Benami Act
• [Coverage of Supreme Court’s Ganpati Dealcom Ruling] Explains in detail how the recall of this important verdict shapes the retrospective or prospective application of the law
• [New Additions] Impact of section 107 of the Bharatiya Nagarik Suraksha Sanhita 2023 and practical insights for practitioners
• [Practical Aids] Ready Reckoner listing permissible relatives for holding/purchasing property, procedural checklists, and model pleadings for availing statutory exclusions or exceptions
• [Extensive Reference Tools] Alphabetical Reckoner to the Benami Law, Benami Transactions in Shares Reckoner, and a comprehensive section-wise Table of Cases help in quick research

The coverage of the book is as follows:

• Preliminary & Definitions
• Clarifies key definitions such as ‘Benami Transaction,’ ‘Benamidar,’ ‘Beneficial Owner,’ and more, with practical examples illustrating each facet
• Prohibition of Benami Transactions
• Discusses scope, legislative intent, transitional provisions, and punishments for offenders
• Authorities & their Powers
• Details the hierarchy of authorities, their jurisdictions, powers of inquiry, and the procedures for attachment, investigation, and confiscation
• Attachment, Adjudication & Confiscation
• Examines the step-by-step process of provisional attachment, issuance of show-cause notices, adjudication by the authority, appeals, and final confiscation
• Appellate Tribunal & Judicial Remedies
• Covers the establishment, composition, and procedure of the Appellate Tribunal, including rectifications, appeals to the High Court, and the bar of civil courts
• Special Courts & Prosecution
• Elaborates on the role of Special Courts, sections from the CrPC that apply, and the entire prosecution process
• Offences, Prosecution, & Penalties
• Provides insight into statutory penalties for benami transactions, false information, and procedures for awarding sanctions to prosecute
• Miscellaneous & Appendices
• Includes the Prohibition of Benami Property Transactions Rules 2016, Informants Reward Scheme, relevant notifications, sections from the Companies Act 2013, time extension provisions, etc.

The structure of the book is as follows:

• Logical Chapter Progression – Follows the Act’s framework from Preliminary to Miscellaneous, ensuring a coherent understanding
• Section-by-Section Breakdown – Each provision is thoroughly analysed, with legislative background, purpose, and practical application notes
• Case Law Integration – Contains extensive references to rulings, including a dedicated Table of Cases for easy lookup
• Thematic Reckoners & Ready References – Quick at-a-glance resources—Alphabetical Reckoner for definitions and issues, plus a special ‘Benami Transactions in Shares Reckoner’ addressing shareholding complexities
• Practice-oriented – Sample pleadings and checklists help professionals apply concepts in litigation or compliance workflows