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Benami acquisition of shares was established through the alleged benamidar's lack of economic capacity and genuine operations, indirect funding from entities connected to the beneficial owner, unsupported commercial explanations, and the beneficial owner's effective control. Applying indicia including the source of consideration, parties' relationship and surrounding circumstances, the Tribunal confirmed attachment of the identified shares as benami property. However, attachment could extend only to shares specified in the show-cause notice, provisional attachment order and impugned order. Freezing additional shares in the demat account without material linking them to the benami proceedings was impermissible, and their release to the rightful owner was directed.
Benami acquisition of shares was established through the alleged benamidar's lack of economic capacity and genuine operations, indirect funding from entities connected to the beneficial owner, unsupported commercial explanations, and the beneficial owner's effective control. Applying indicia including the source of consideration, parties' relationship and surrounding circumstances, the Tribunal confirmed attachment of the identified shares as benami property. However, attachment could extend only to shares specified in the show-cause notice, provisional attachment order and impugned order. Freezing additional shares in the demat account without material linking them to the benami proceedings was impermissible, and their release to the rightful owner was directed.
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