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Benami Property

Whether the transactions constituted a benami transfer: tribunal...

Benami transfer of land and shares funded and controlled by real transferor; held benami under Sec 2(9)(A), appeals dismissed

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Benami Property January 15, 2026 Case Laws AT
Whether the transactions constituted a benami transfer: tribunal found essential ingredients of Section 2(9)(A) satisfied because consideration for land and shares credited to the ostensible transferee originated from and was controlled by the real transferor, funds were rotated among related entities, and claimed loan repayments were non-genuine; therefore the transfers were benami and subject to statutory consequences. Compliance with EMC shareholding conditions: majority control and redistribution of shareholding were orchestrated to evade the EMC scheme limits, supporting the benami finding. Appeals dismissed. - AT

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Acts Income Tax