Reverse charge and assignment of royalty collection: exemption for excess royalty collectors subject to reconciliation; leaseholders remain liable und...
Authorization requirements for customs brokers and benami shipping bills: tribunal upholds licence revocation and penalties after COVID time limit fou...
Eligibility for notification exemption on imported fertilizers challenged; penalty, interest and confiscation set aside after voluntary payment and no...
Benami transactions are established where consideration is advanced by a beneficial owner as a loan and property is registered in a benamidar's name on default, particularly if the benamidar cannot show independent means or documentary proof; in such cases provisional attachment is supportable. Statements of witnesses, including third parties and those recorded by initiating officers, have evidentiary value unless shown to be coerced, and may be used with money trail documents to prove the scheme. The benamidar bears an obligation to disclose the source of consideration, and failure to do so, coupled with unrefuted documentary sequence, permits sustaining the benami finding and related measures.
Benami transactions are established where consideration is advanced by a beneficial owner as a loan and property is registered in a benamidar's name on default, particularly if the benamidar cannot show independent means or documentary proof; in such cases provisional attachment is supportable. Statements of witnesses, including third parties and those recorded by initiating officers, have evidentiary value unless shown to be coerced, and may be used with money trail documents to prove the scheme. The benamidar bears an obligation to disclose the source of consideration, and failure to do so, coupled with unrefuted documentary sequence, permits sustaining the benami finding and related measures.
Note: It is a system-generated summary and is for quick reference only.