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The AT allowed the appeals and set aside the impugned orders, holding that the respondents failed to establish a benami transaction or justify the Provisional Attachment Order. The Adjudicating Authority's conclusion that the appellant paid consideration was erroneous: payment of stamp duty and registration fees cannot be equated with consideration to the seller. Evidence showed the plot was allotted to the original allottee and later transferred to the transferee by gift out of affection; there is no proof that the appellant funded the initial allotment or purchase. Transactions involving Company A and Company B arose from litigation-protective arrangements and subsequent bona fide sale. The IO failed to discharge the burden of proving benami.
The AT allowed the appeals and set aside the impugned orders, holding that the respondents failed to establish a benami transaction or justify the Provisional Attachment Order. The Adjudicating Authority's conclusion that the appellant paid consideration was erroneous: payment of stamp duty and registration fees cannot be equated with consideration to the seller. Evidence showed the plot was allotted to the original allottee and later transferred to the transferee by gift out of affection; there is no proof that the appellant funded the initial allotment or purchase. Transactions involving Company A and Company B arose from litigation-protective arrangements and subsequent bona fide sale. The IO failed to discharge the burden of proving benami.
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