{"id":5582,"date":"2018-09-13T11:12:18","date_gmt":"2018-09-13T05:42:18","guid":{"rendered":"http:\/\/itatonline.org\/articles_new\/?p=5582"},"modified":"2018-09-13T11:12:18","modified_gmt":"2018-09-13T05:42:18","slug":"salient-features-of-prohibition-of-benami-property-transactions-act-as-amended-in-2016","status":"publish","type":"post","link":"https:\/\/itatonline.org\/articles_new\/salient-features-of-prohibition-of-benami-property-transactions-act-as-amended-in-2016\/","title":{"rendered":"Salient Features Of Prohibition Of Benami Property Transactions Act As Amended In 2016"},"content":{"rendered":"<p><img loading=\"lazy\" decoding=\"async\" src=\"https:\/\/itatonline.org\/articles_new\/wp-content\/uploads\/Narayan-P-Jain-Dilip-Loyalka.jpg\" alt=\"Narayan-P-Jain-Dilip-Loyalka\" width=\"154\" height=\"100\" class=\"alignleft size-full wp-image-5585\" srcset=\"https:\/\/itatonline.org\/articles_new\/wp-content\/uploads\/Narayan-P-Jain-Dilip-Loyalka.jpg 154w, https:\/\/itatonline.org\/articles_new\/wp-content\/uploads\/Narayan-P-Jain-Dilip-Loyalka-100x65.jpg 100w, https:\/\/itatonline.org\/articles_new\/wp-content\/uploads\/Narayan-P-Jain-Dilip-Loyalka-150x97.jpg 150w\" sizes=\"auto, (max-width: 154px) 100vw, 154px\" \/><\/p>\n<p><strong>Advocate Narayan Jain and FCA Dilip Loyalka have explained the salient features of the Prohibition of Benami Property Transactions Act as amended in 2016. The precise manner in which the Act identifies benami transactions has been pinpointed. The consequences that will befall persons caught with benami property and the statutory remedies available to them have also been highlighted<\/strong>  <\/p>\n<p><strong>B<\/strong>enami Transactions (Prohibition) Act, 1988 was  introduced as an Act of the Parliament in 1988 to prohibits certain types of  financial transactions. The 1988 Act had come into force on 5th September, 1988. Although benami transactions were declared  illegal due to enactment of the said Act, the Act had limited success in  curbing them. Updated versions were therefore passed in 2011 and 2016, seeking  to more comprehensively and effectively enforce the prohibitions. <\/p>\n<p><!--more--><\/p>\n<p>  One  of the leading issue in Indian economy is the effort made by the Government to  tackle the problem of black money and related illegal economic activities.  Several efforts were made by the Government to fight black money, money  laundering etc. One such serious step is enactment of the <a href=\"https:\/\/www.itatonline.org\/info\/benami-transactions-act-2016\/\">Benami Transactions  (Prohibition) Amendment Act 2016<\/a>. The amended Act has come into effect on 1st November, 2016. The modified new legislation will be known as  Prohibition of Benami Property Transactions Act, 1988 (PBPT Act).<\/p>\n<p> The Act is going to be an ace weapon to  track black money supplementing the Income Declaration Scheme 2016 and the  demonetisation programme carried out by the Government. <\/p>\n<p> &ldquo;The Benami Transactions (Prohibition)  Amendment Act, 2016&rdquo; was notified to come into force from 1 November 2016.The  2016 Act also has safeguard mechanisms such as the adjudicating authority and  the appellate mechanism for appeals. <\/p>\n<p> Compared to the previous legislation,  the modified Act is more clear but stern in terms of its treatment of Benami  Property Transactions. The PBPT Act defines benami transactions, prohibits them  and further provides that violation of the PBPT Act is punishable with  imprisonment and fine. The PBPT Act prohibits recovery of the property held  benami from benamidar by the real owner. Properties held benami are liable for  confiscation by the Government without payment of compensation. We are  analyzing in this article salient features relating to Benami Property  Transactions law as amended in 2016.  <\/p>\n<p><strong><em>1. What  is Benami transaction? <\/em><\/strong><\/p>\n<p> The  original 1988 Act defined a benami transaction as a transaction where a  property is held by or transferred to a person, but the consideration has been  provided for or paid by another person\/ third party. After amendment in 2016,  Prohibition of Benami Property Transactions Act, 1988 (PBPT Act) has widened  the definition of benami transaction and added other transactions such as  property transactions where: <\/p>\n<p>(i)  the  transaction is made in a fictitious name, <\/p>\n<p>(ii)  the  owner is not aware of or denies knowledge of the ownership of the property, or <\/p>\n<p>(iii)  the  person providing the consideration for the property is not traceable.<\/p>\n<p>  As per Clause 2(8) of Benami Transactions  (Prohibition) Amendment Act, 2016, Benami Property&rdquo; means any Property which is  the subject matter of a Benami transaction and also includes the proceeds from  such property&rdquo;.<\/p>\n<p> As  per clause 2(26) &quot;Property&quot; means assets of any kind, whether &#8211; movable or immovable,tangible or  intangible,corporeal or incorporeal andincludes any right or interest or legal  documents or instruments evidencing title to or interest in the property and  where the property is capable of conversion into some other form, then the  property in the converted form and also includes the proceeds from the  property; <\/p>\n<p> However,  Property transactions among family members is not benami transaction. Here, the  Act clearly sets the limit of relationship. Only lineal ascendants (father,  mother, grandparents and great grandparents) and lineal descendants (children,  grandchildren and great grand children) are considered as family members.<\/p>\n<p> Meaning  of Benami as per &quot;Merriam Webster&quot; dictionary: made, held, done, or  transacted in the name of (another person) used in Hindu law to designate a  transaction, contract, or property that is made or held under a name that is  fictitious or is that of a third party who holds as ostensible owner for the  principal or beneficial owner.<\/p>\n<p> Large  scale Benami deals happened when land reforms entailed the abolition of  zamindari, giving tillers rights to own the land as well as imposition of  agricultural land ceilings. In urban areas, this became quite rampant after the  passage of the now-scrapped Urban Land (Ceiling and  Regulation) Act, 1976.<\/p>\n<p><strong><em>2.  What  is Benami Property? <\/em><\/strong><\/p>\n<p> The  word Benami property means the property which has been purchased in the name of  some person other than the person who has financed it. The person who has  rendered the required money for the said purchase has not purchased it in his  name but in the name of some other person. The person who financed the property  has not really purchased it to the benefit of the person on whose name he has  purchased it.<\/p>\n<p> Simply,  benami property is the one whose legal owner is different from the actual  owner.Benami Transactions (Prohibition) Act, 1988 is an Act of the Parliament  of India that prohibits certain types of financial transactions. The act  defines a &lsquo;benami&rsquo; transaction as any transaction in which property is  transferred to one person for a consideration paid by another person. Such  transactions were a feature of the Indian economy, usually relating to the  purchase of property (real estate), and were thought to contribute to the  Indian black money problem. The act bans all benami transactions and gives the  government the right to recover property held benami without paying any  compensation. <\/p>\n<p> Some  features in Benami transactions are : <\/p>\n<p>a)  The  beneficial ownership vests on the real owner. <\/p>\n<p>b)  The  Benamidar bears the ostensible title as described in the Tranfer of Property  Act, 1882. <\/p>\n<p>c)  There  is no intention to benefit the person in whose name the transaction is made by  the person who has financed the purchase of the said Benami property. <\/p>\n<p>d)  The  name of that person, Benamidar, is an alias for that of the person beneficially  interested the real owner.<\/p>\n<p>  The amended Act gives a comprehensive definition  of benami property. Benami essentially means property without a name. The term  &ldquo;Benami&rdquo; has its origin from the Persian language. Benami property or assets,  therefore, is a reference to property\/assets whose actual owner is not the  person in whose name it is. Benami deals have been quite common in India; cases date back to the  late 19thcentury. <\/p>\n<p> As  per the amendment, Benami property includes: immovable assets such as land,  flat or house, movable assets such as gold, stocks, mutual fund holdings, bank  deposits etc. If the property is sold, then the proceeds from the sale is also  included under Benami property.<\/p>\n<p><strong><em>3.  What  transactions are considered as Benami Transactions? <\/em><\/strong><\/p>\n<p> As  per Section 2(9) of Benami Transactions (Prohibition) Amendment Act, 2016  Benami Transactions are as per Table A below:<\/p>\n<p> Table-A  : Transactions considered as Benami Transactions:<\/p>\n<p>(i)  A  Transaction or an arrangement, where a property is transferred to, or is held  by, a person, and the consideration for such property has been provided, or  paid by, another person; and<\/p>\n<p>(ii) The  property is held for the immediate or future benefit, direct or indirect, of  the person who has provided the consideration. (There are some exemptions in  point (ii) as given below in Table &ndash; B)<\/p>\n<p>(iii)  A  transaction or an arrangement in respect of a property carried out or made in a  fictitious name.<\/p>\n<p>(iv)  A  Transaction or an arrangement in respect of a property where the owner of the  property is not aware of, or, denies knowledge of, such ownership;<\/p>\n<p>(v)  A  transaction or an arrangement in respect of a property where the person  providing the consideration is not traceable or is fictitious.<\/p>\n<p>   <strong>(also  see next question) <\/strong><\/p>\n<p><strong><em>4. What  transactions are NOT considered as Benami Transactions? <\/em><\/strong><\/p>\n<p> As  per Clause 2(9) of Benami Transactions (Prohibition) Amendment Act, 2016,the  following are NOT considered as Benami Transactions (as per Table B):<\/p>\n<p>i)  The  property is held for the immediate or future benefit, direct or indirect, of  the person who has provided the consideration except when the property is held  by &ndash;<\/p>\n<p>a)  a  Karta, or a member of a Hindu undivided family, as the case may be, and the  property is held for his benefit or benefit of other members in the family and  the consideration for such property has been provided or paid out of the known  sources of the Hindu undivided family<\/p>\n<p>b)  a  person standing in a fiduciary capacity for the benefit of another person  towards whom he stands in such capacity and includes a trustee, executor,  partner, director of a company, a depository or a participant as an agent of a  depository under the Depositories Act, 1996;<\/p>\n<p>c)  any  person being an individual in the name of his spouse or in the name of any  child of such individual and the consideration for such property has been  provided or paid out of the known sources of the individual;<\/p>\n<p>d)  any  person in the name of his brother or sister or lineal ascendant or descendant,  where the names of brother or sister or lineal ascendant or descendant and such  individual appear as joint-owners in any document, and the consideration for  such property has been provided or paid out of the known sources of the  individual.<\/p>\n<p>ii)  any  transaction involving the allowing of possession of any property to be taken or  retained in part performance of a contract referred to in section 53A of the  Transfer of Property Act, 1882, if, under any law for the time being in force: <\/p>\n<p>(a)  consideration  for such property has been provided by the person to whom possession of  property has been allowed but the person who has granted possession thereof  continues to hold ownership of such property; <\/p>\n<p>(b) stamp  duty on such transaction or arrangement has been paid; and<\/p>\n<p>(c)  the  contract has been registered.<\/p>\n<p>  <strong><em>5.  What  are the consequences if any person is caught with &lsquo;benami&rsquo; property?<\/em><\/strong><\/p>\n<p>  The Act prohibits illegal benami transactions,  and provides imprisonment up to seven years and fine for violation of the Act  which may extend to 25% of the fair market value of the benami property. If any  person is caught with &lsquo;benami&rsquo; property, he may be prosecuted and punished.  Providing false information about benami transaction may also lead to prosecution.   <\/p>\n<p>  The Act also provides for confiscation of the  property and non-return of the property from the benamidar to the real owner.  There is no compensation by the Government if the property is confiscated. The  Act has tried to sort out the weaknesses of the existing provisions and is  remarkable in terms of the following features: <\/p>\n<p><strong><em>6.  What  are the Highlights of the amended Act ?<\/em><\/strong><\/p>\n<p>  Some of the highlights of the Act are:<\/p>\n<p>a) Up  to seven years&rsquo; imprisonment and fine for indulging in Benami transactions.<\/p>\n<p>b) Furnishing  false information is punishable by imprisonment up to five years and fine.<\/p>\n<p>c) Properties  held Benami are liable for Confiscation by Government without compensation,  holding the propertybenami and then refer the case to Adjudicating Authority.<\/p>\n<p>d) Adjudicating  Authority will then examine evidence and pass an order.<\/p>\n<p>e) Appellate  Tribunal will hear appeals against orders of Adjudicating Authority.<\/p>\n<p>f) High  Court to hear appeals against orders of Appellate Tribunal.<\/p>\n<p><strong><em>7.  What  is institutional framework for the implementation of the law? <\/em><\/strong><\/p>\n<p>  The main weakness of the earlier Act was that  there was lack of an institutional machinery to carry out Benami transaction  procedures in an effective manner. The amendments in 2016 have created the  required institutional arrangements for implementation of the law. Under the  Act, an Authority to acquire benami properties was to be established by the  Rules. The Bill seeks to establish four authorities to conduct inquiries or  investigations regarding benami transactions: <\/p>\n<p>(i)  Initiating  Officer, <\/p>\n<p>(ii)  Approving  Authority, <\/p>\n<p>(iii)  Administrator  and <\/p>\n<p>(iv)  Adjudicating  Authority. <\/p>\n<p>  The Act gives the Initiating Officer the power  to enquire into any person, place, documents or property in the course of  investigation into any matter related to a benami property transaction.  Interestingly, the Act covers all domestic benami property transactions  conducted since 1988.<\/p>\n<p><strong><em>8.  What  actions have reportedly been taken after 2016 amendments for the implementation  of the law?  <\/em><\/strong><\/p>\n<p>  Several benami transactions have been identified  since the coming into effect of the amended law. Show cause notices for  provisional attachment of benami properties have been issued in many cases  involving properties of the value of considerable amount. Out of these,  provisional attachment has already been effected in more than 100 cases. The  benami properties attached include deposits in bank accounts and immovable  properties. It may be noted that the Income Tax department is the enforcing  department to take action in cases of benami properties. <\/p>\n<p>  The concern on Benami transaction came into  light with full emphasis, in the year 2014 &ldquo;in the election manifesto of the  political party now in power at the Centre.  <\/p>\n<p><strong><em>9.  Why  some people used to acquire property benami ?<\/em><\/strong><\/p>\n<p>  There are numerous purposes mainly of those are  illegal ones and only to accomplish the  illegal intentions. Some of these are : <\/p>\n<p>a)  The  Benami transactions were made in order to find a way with the land ceiling  laws, so the real owner can have more landed properties than provided in the  abovementioned laws.<\/p>\n<p>b)  The  benami transactions are made to transfer the property in the name of the  relatives of the real owner or some other&rsquo;s name to evade income tax as well as  other taxes.<\/p>\n<p>c)  Benami  transactions were also used as a way to conceal black money obtained through  corrupt practices. <\/p>\n<p><strong><em>10.  What  punishment and penalty can be imposed if any person holds a benami propertyor  enters into a Benami transaction?<\/em><\/strong><\/p>\n<p>  Anyone entering into a Benami transaction for  whatever reason, to defeat the law, avoid payment of statutory dues or  creditors or abetting such a transaction is liable for <strong>rigorous imprisonment for a period between one and seven years<\/strong> as  well as <strong>fine up to 25 per cent of the  fair market value<\/strong> of the property.<\/p>\n<p>  Anyone providing false information or providing  false documentation can get <strong>rigorous  imprisonment of six months to five years<\/strong> and may also have to pay <strong>fine up to 10 per cent of the fair market  value<\/strong> of the property.<\/p>\n<p>  It is submitted that the provision for  confiscation of Benami property without consideration, is enough  deterrent.However the provision for <strong>rigorous  imprisonment for a period upto seven years<\/strong> as well as <strong>fine up to 25 per cent of the fair market value is quite unfair and  stringnent and the Government should urgently review the same to be fair.<\/strong><\/p>\n<p><strong><em>11.  What  steps have been taken by CBDT to catch benami properties ?<\/em><\/strong><\/p>\n<p>  About 25 special units across India have been formmi ed by  the CBDT in 16 regional\/zonal offices, across India have been formed to  implement its action-plan against benami properties in India. These special units  are formed only to investigate and take action against all those individuals  and entities related to undisclosed domestic and foreign properties. Each unit  will have four to five members, including 3 to 4 Income Tax officials, one  Additional Commissioner\/ Joint Commissioner and one Deputy Commissioner. Each  unit would be headed by an Additional Commissioner. <\/p>\n<p>  The CBDT has issued<strong>Notification No. 36\/2017 [S.O. 1621(E)], dated 18-05-2017<\/strong>in  exercise of its powers conferred under sub-section (2) of section 28 read with  section 59 of the Prohibition of Benami Property Transactions Act, 1988, and in  supersession of earlier Notification No. S.O. 3290(E), dated the 25th October,  2016, and has directed that theIncome-tax authorities under section 116 of the  Income-tax Act, 1961, having headquarters at the places specified in the said  Notification dated 18.5.2017, to exercise the powers and perform the functions  of the &lsquo;Authority&rsquo;, under the Prohibition of Benami Property Transactions Act,  1988, in respect of the territorial areas specified in the said Notification.<\/p>\n<p>  The designated authority would be reporting to  the respective Director General (DG) in that city, who would be in co-ordination  with CBDT Chairperson on real time basis. <\/p>\n<p>  The IT department has identified more than 200  benami properties. The main focus would be benami properties that include  flats, apartments, bungalows, plots, bank accounts, jewelleries etc.<\/p>\n<p>  In the public interest, the department had  informed through advertisements in newspapers, warning that benami properties  would get attached and confiscated, with rigorous imprisonment of up to seven  years.<\/p>\n<p>  Harsh punitive actions are likely to be taken  against the deviant <strong>Shell Companies  including freezing of Bank Accounts, striking off the names of dormant  companies<\/strong>, invocation of Benami Transactions (Prohibition) Amendment Act,  2016. Action is contemplated against Shell Companies so as to prevent their  misuse for money laundering and tax-evasion, especially in the context of  unearthing black money, post  demonetization. In an analysis of such companies, it has been found that large  amount of cash had been deposited in these entities during November-December,  2016 period. Serious Fraud Investigation Office (SFIO) has filed criminal  prosecution for cheating National Exchequer after investigation of entry  operators. <\/p>\n<p>These information has been shared with SIT, Income Tax Department,  Enforcement Directorate, SEBI and The Institute of Chartered Accountants of  India (ICAI). Income Tax Department has reopened completed assessment in these  cases and Enforcement Directorate has initiated action under Prevention of  Money Laundering Act (PMLA), 2002. It is learnt that ICAI has also initiated  disciplinary proceedings against its members. Winding up process has been  initiated in respect of many Shell Companies.<\/p>\n<p>  In order to create a credible deterrence a  &ldquo;Whole of Government Approach&rdquo; will be adopted through co-ordinated efforts and  by leveraging technology. It has also been decided that appropriate red flag  indicators would be used for identifying shell companies, and a data base of  such companies and their Directors would be built by pulling in information  from various agencies. The data base will also capture Aadhar number of  individual Directors in the companies. <\/p>\n<p>  It is learnt that there are about 15 lakh  registered companies in India; and only 6 lakh  companies file their Annual Return. This means that large number of these companies  may be indulging in financial irregularities.<\/p>\n<p>  It is learnt that a Task Force has been set-up  under the Co-chairmanship of the Revenue Secretary and Corporate Affairs  Secretary with members from various regulatory Ministries and Enforcement  Agencies to monitor the actions taken against deviant shell companies by  various agencies. <\/p>\n<p>  A Task Force with members from various  regulatory Ministries and Enforcement Agencies has been set-up under the  Co-chairmanship of the Revenue Secretary and Corporate Affairs Secretary to  monitor the actions taken against deviant shell companies by various agencies. <\/p>\n<p>  The department has formed a special unit called  Benami Properties Unit (BPU) to identify and probe such assets. Apart from  politicians, there are hundreds of such properties belonging to some top  businessmen in the country.<\/p>\n<p><strong><em>12. What  impact Benami Transactions (Prohibition) Act is likely to create after  amendment in 2016? <\/em><\/strong><\/p>\n<p>  The new Benami Transactions (Prohibition) Act,  after its amendment in 2016, offers a wider scope. With its wider scope the new  Act will be a great help to deal with this social fallacy i.e. Benami  properties. Due to the narrow and ambiguous scope of the earlier Act of 1988,  many such cases regarding Benami properties could not be effectively solved.  But now with the wider and specific scope, the said such cases can be easily  proved in the court of law. <\/p>\n<p>  The popular perception of &ldquo;Benami property&rdquo; has  now undergone a sea change and it will include all transactions and  arrangements even beyond the transactions in respect of immovable property.<\/p>\n<p>  The Benami Transactions (Prohibition) Amendment  Act, is certainly a very comprehensive piece of legislation and also very  stringent. There could be scope for harassment but how that plays out in  practice, remains to be seen.<\/p>\n<p>  There is a saying of Justice Holmes &ldquo;Taxes are  what we pay for civilized society. I like to pay taxes, with them I buy  civilization .&rdquo;<\/p>\n<p><strong><em>12. Is there any reward to the informants of Benami Property?<\/em><\/strong><\/p>\n<p>  The CBDT has introduced the Reward  Scheme for informants giving information of benami property actionable under  Prohibition of Benami Property Transactions Act, 1988 as amended by Benami  Transactions (Prohibition) Amendment Act, 2016 vide Letter [F.NO.299\/31\/\/2017-DIR  (INV.III)\/22], Dated 23-4-2018. The salient features of the said scheme are as  under:<\/p>\n<p>(a) A person can get reward up to Rs. One crore for giving specific  information of benami property. Identity of the informant shall be kept  confidential.<\/p>\n<p>(b) The information given by the informant can be treated as  specific information under the scheme only if it includes:<\/p>\n<p>(i) verifiable particulars of the benami property;<\/p>\n<p>(ii) name and address of the person in whose name the property has been  acquired (benamidar); and <\/p>\n<p>(iii) credible basis including supporting evidence for the information  that the property was actually benami property.<\/p>\n<p>(c) Procedure of furnishing information <\/p>\n<p>(i)  A person who wants to give specific information in expectation of  reward may contact the Joint Commissioner of Income Tax\/Additional Commissioner  of Income Tax (Benami Prohibition) [hereinafter referred to as &lsquo;JCIT\/Addl. CIT  (BP)&rsquo;] having jurisdiction over the place where the benami property is  situated. <\/p>\n<p>(ii)  If the JCIT\/Addl. CIT (BP) feels that the person has given  specific information of benami property, he will give one set of prescribed  form as per Annexure-A to such person who shall fill, sign and submit it to the  JCIT\/Addl. CIT (BP).<\/p>\n<p>(iii)  If there are more than one benami properties located at different  places, the person may give information to any of the JCsIT\/Addl. CsIT (BP)  having jurisdiction over any of these properties. <\/p>\n<p>(iv)  Where the person gives information about benami properties to any  other Income Tax authority, such other authority shall forward such information  and guide him to the jurisdictional JCIT\/Addl. CIT (BP). Where there are more  than one BP (Benami Property) units at a  place, such person may be directed to approach the jurisdictional DGIT  (Investigation). <\/p>\n<p>(v)  If the information is furnished by a group of persons, the  prescribed form, statements, etc. shall be filled and signed by all such  persons, jointly and Informant code will be allotted to each of them  separately. The reward payable in such cases, if any, shall be disbursed in  equal proportion, unless specified otherwise by such persons at the time of  furnishing information in the prescribed format (Annexure -A). <\/p>\n<p>(vi)  Where a foreign person wants to give information of benami property  actionable under the Act, he may contact the Member (Investigation), CBDT,  North Block, New Delhi-110001 either in person or by post or by a communication  at email id member.inv@incometax.gov.in with a copy to citinv-cbdt@nic.in for  further action. He may take assistance of Income Tax Overseas Units (ITOU)  working in Indian missions in some foreign countries in this regard. <\/p>\n<p>(vii)  The informant shall be liable to render assistance as may be  required by the JCIT\/Addl. CIT (BP) or any other investigating officer to whom  the JCIT\/Addl. CIT (BP) concerned may assign the investigation into the  information given by the informant. <\/p>\n<p>(viii) The informant will be allotted a code and after the lime of  allotment of Informant Code, the person shall be identified with such Informant  Code only and his actual identity shall be known to the JCIT\/Addl. CIT (BP)  only. <\/p>\n<p>(ix)  In case of any difficulty, the person desirous of giving specific  information of benami property, may contact the PDIT (Inv)\/DIT (Inv) of the  area. The decision of PDIT (Inv)\/DIT (Inv) will be final in the matter of  allotment of Informant Code under this scheme. <\/p>\n<p>(d)  It should be noted that furnishing false information\/evidence is  an offence and a person giving false information\/evidence\/statement will be  liable to be prosecuted for such offence.<\/p>\n<p>(e) When reward may be granted :<\/p>\n<p>An  informant under the scheme can be granted interim and final reward by the  competent authority. <\/p>\n<p>(i) Interim reward can be granted on fulfillment of the following  conditions: <\/p>\n<p>(a) the informant has given specific information of benami property in  the prescribed format in Annexure-A and obtained informant code under the  scheme;<\/p>\n<p>(b) provided assistance required, if any, by the AddL\/JCIT (BP) or any  other investigating officer to whom the JCIT\/Addl. CIT (BP) concerned may  assign the investigation into the information given by the informant; and<\/p>\n<p>(c) pursuant to such information, the benami property has actually been  provisionally attached under Section 24(4) of the Act.<\/p>\n<p>(ii) Final reward can be granted on fulfillment of the following  conditions: <\/p>\n<p>(a) the informant has given specific information of benami property in  the prescribed format in Annexure-A and obtained informant code under the  scheme;<\/p>\n<p>(b) provided assistance required, if any, by the AddL\/JCIT (BP) or any  other investigating officer to whom the JCIT\/Addl. CIT (BP) concerned may  assign the investigation into the information given by the informant;<\/p>\n<p>(c) the benami property has been confiscated under Section 27 of the  Act; and<\/p>\n<p>(d) Such confiscation has become final in judicial proceedings after  confiscation order is passed. The confiscation shall be deemed to be final if  two years have passed from the date of confiscation and there is no litigation  pending against such confiscation.<\/p>\n<p>(f)  Amount and stage of granting interim and final reward <\/p>\n<p>(i) Interim reward up to 1% (one per cent) of the fair market value,  as defined in the Act, of movable property, and circle rate, as defined in this  Scheme, of immovable property, provisionally attached under section 24(4) of  the Act may be granted by the competent authority on fulfillment of eligibility  conditions under the scheme subject to the maximum ceiling of an amount of  interim reward of Rs. Ten lakh in respect of information of a single benami  property. <\/p>\n<p>(ii) Final reward up to 5% (five per cent) of fair market value, as  defined in the Act, of movable property, and circle rate, as defined in this  Scheme, of immovable property, confiscated under the Act may be granted by the  competent authority on fulfillment of eligibility conditions under the scheme.  While granting the final reward, the amount of interim reward paid, if any,  shall be reduced from the total final reward granted. However, maximum amount  of total reward (interim and final) in respect of a single benami property  shall be limited to Rs. One crore.<\/p>\n<p>(iii) If there are more than one benami properties informed in a  single Annexure &#8211; A form, reward shall be computed on the basis of entitlement  applying the above percentage rates and maximum limits individually for each  benami property.<br \/>\n    <strong><\/strong><br \/>\n    <strong><em>Narayan Jain, Advocate and Dilip Loyalka, FCA are authors  of the book &ldquo;How to Handle Income tax problems&rdquo;<\/em><\/strong><\/p>\n<div class=\"journal2\"> Reproduced with permission from the AIFTP Journal <\/div>\n<table width=\"103%\" border=\"1\" cellpadding=\"5\" cellspacing=\"0\" bgcolor=\"#FFFFCC\">\n<tr>\n<td><strong>Disclaimer: <\/strong>The  contents of this document are solely for informational purpose. It does not  constitute professional advice or a formal recommendation. While due care has  been taken in preparing this document, the existence of mistakes and omissions  herein is not ruled out. Neither the author nor itatonline.org and its  affiliates accepts any liabilities for any loss or damage of any kind arising  out of any inaccurate or incomplete information in this document nor for any  actions taken in reliance thereon. No part of this document should be  distributed or copied (except for personal, non-commercial use) without  express written permission of itatonline.org<\/td>\n<\/tr>\n<\/table>\n","protected":false},"excerpt":{"rendered":"<p>Advocate Narayan Jain and FCA Dilip Loyalka have explained the salient features of the Prohibition of Benami Property Transactions Act as amended in 2016. The precise manner in which the Act identifies benami transactions has been pinpointed. The consequences that &hellip;<\/p>\n<p class=\"read-more\"> <a class=\"\" href=\"https:\/\/itatonline.org\/articles_new\/salient-features-of-prohibition-of-benami-property-transactions-act-as-amended-in-2016\/\"> <span class=\"screen-reader-text\">Salient Features Of Prohibition Of Benami Property Transactions Act As Amended In 2016<\/span> Read More &raquo;<\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2}},"categories":[1],"tags":[36],"class_list":["post-5582","post","type-post","status-publish","format-standard","hentry","category-articles","tag-the-benami-transactions-prohibition-amendment-act-2016"],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/itatonline.org\/articles_new\/wp-json\/wp\/v2\/posts\/5582","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/itatonline.org\/articles_new\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/itatonline.org\/articles_new\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/itatonline.org\/articles_new\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/itatonline.org\/articles_new\/wp-json\/wp\/v2\/comments?post=5582"}],"version-history":[{"count":0,"href":"https:\/\/itatonline.org\/articles_new\/wp-json\/wp\/v2\/posts\/5582\/revisions"}],"wp:attachment":[{"href":"https:\/\/itatonline.org\/articles_new\/wp-json\/wp\/v2\/media?parent=5582"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/itatonline.org\/articles_new\/wp-json\/wp\/v2\/categories?post=5582"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/itatonline.org\/articles_new\/wp-json\/wp\/v2\/tags?post=5582"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}