P. Ezhilpandian v. K. Visakh, Dy. CIT (2018) 259 Taxman 583 (PBPTA-AT)

S. 3 : Prohibiton of benami transaction – Loan repaid in cash – The existence of the ‘benami’ transaction has to be proved by the authorities, i.e., the person who alleges the transaction-The authorities have failed to discharge the burden of proof- The authority has purely gone on the premise that cash is transferred from one person to another, with an object to defeat, demonetization. This is insufficient to establish a ‘benami’ transaction. [S. 24]

Appellant was employed as a librarian-cum-sports co-ordinator in a college run by a trust .A search action was conducted in case of said trust in which it was found that Chairman of trust had paid Rs. 15 lakhs to appellant . Said amount was given to appellant to organize a football tournament which in turn was handed over by him to State Football Association. Afterwards, as per directions of Income Tax Department, appellant collected back said amount from Football Association and handed it over to Income Tax Department .Tribunal held that Initiating Officer had wrongly assumed that Chairman had given this amount to appellant to deposit and retain his own money in demonitized currency in guise of loan received, which had to be repaid after some time in new currency, accordingly , order of attachment of accounts of appellant by Initiating Officer was unjustified .The existence of the ‘benami’ transaction has to be proved by the authorities, i.e., the person who alleges the transaction. The authorities have failed to discharge the burden of proof. The authority has purely gone on the premise that cash is transferred from one person to another, with an object to defeat, demonetization. This is insufficient to establish a ‘benami’ transaction.