This book provides a comprehensive section-wise commentary on the law relating to the Prohibition of Benami Property Transactions. It is rendered in an easy-to-read & follows a 'FAQ' format. It also includes the legislative history and effective date of applicability based on given Case Laws. Flow charts & tables have been provided in this book for ease of reference.
This book is designed to be a handy referencer to the practitioners of the following laws:
- Civil Law
- Criminal Law
- Company Law
- Income-tax
The Present Publication is the 6th Edition and has been amended by the Finance Act 2023. This book is authored by CA Srinivasan Anand G with the following noteworthy features:
- [Extensive Analysis with Case Laws (from 2016 to March 2023)] specifically for the following topics:
- Pleadings which are required to avail the exceptions/exclusions to Benami transactions
- Shell companies
- Civil asset forfeiture regime
- Nature of confiscation
- Controversy over the date of order passed by authorities, whether passed within limitation or after but 'backdated' to show it was passed within the limitation
- Case Laws of similar/identically worded provisions from other Laws such as:
- Income-tax
- Civil Procedure Code
- Valuation Rules and methods
- [Ready Reckoner] is provided for the following cases:
- In respect of the relatives in whose name property can be held without attracting the taint of Benami
- Benami Transaction in Shares Reckoner
- Alphabetical Ready Reckoner to Benami Law
- [Benami Share Transactions] are explained in light of relevant provisions of the Companies Act 2013
- [Analysis of Procedures] which includes the following:
- Procedure before Initiating Officer (IO) u/s 24 (responses to show cause notice & provisional attachment order)
- Procedure before Adjudicating Authority (AA) u/s 26 (rights of noticee to require material in possession of IO, based on which the IO attached the show caused property and made reference to the AA
- [Analysis of Appellate, Revision and Rectification Remedies] is provided in this book
- [Valuation Rules for Determining the Fair Market Value] of Benami property to levy fines under sections 53 and 54 as a percentage of fair market value
- [Interaction with Other Laws] This book covers the relevant provisions of other laws, such as:
- Companies Act, 2013
- Fugitive Economic Offenders Act, 2018
- Income Tax Act, 1961
- Indian Penal Code, 1860
- Civil Procedure Code, 1908
- Criminal Procedure Code, 1973
- Prevention of Money-laundering Act, 2022
- Transfer of Property Act, 1882
- Indian Trust Act, 1882
The detailed contents of the book are as follows:
- Preliminary
- Prohibition of Benami Transactions
- Authorities
- Attachment, Adjudication and Confiscation
- Appellate Tribunal
- Special Courts
- Offences and Prosecution
- Miscellaneous
Taxmann Publication's Law Relating to Prohibition of Benami Property Transactions Act, 1988 by Srinivasan Anand G. [Edn. 2023]
- Publisher: Taxmann Publications
- Book Code: 9789356227224
- Availability: 10
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Rs1,995.00
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Tags: Law Relating to Prohibition of Benami Property Transactions Act, 1988, Taxmann Publication, Srinivasan Anand G., Benami Property