| COURT: | Appellate Tribunal for Benami Transactions |
| CORAM: | Manmohan Singh J |
| SECTION(S): | Benami Transactions Prohibition Act |
| GENRE: | Other Laws |
| CATCH WORDS: | Benami Transactions |
| COUNSEL: | Ashwani Taneja |
| DATE: | March 26, 2019 (Date of pronouncement) |
| DATE: | April 10, 2019 (Date of publication) |
| AY: | - |
| FILE: | Click here to view full post with file download link |
| CITATION: | |
| Benami Transactions: After amendment, the onus of proving a benami transaction rests entirely on the shoulders of the owner/ benamidar. Before amendment, the burden of proof was on the prosecution to prove the guilt of the Benamidar and beneficial owner. Once both are able to discharge their burden of proof as per amended law, then the burden of proof shifts to the prosecution. Once the burden shits upon the IO, the principles of general law available prior to amendment would apply (Imp judgements referred) | |
The essence of a benami is the intention of the party or parties concerned; and not unoften such intention is shrouded in a thick veil which cannot be easily pierced through. But such difficulties do not relieve the person asserting the transaction to be benami of any part of the serious onus that rests on him; nor justify the acceptance of mere conjectures or surmises, as a substitute for proof
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