Person chargeable with duty must be the importer at importation; subsequent purchasers cannot be held liable where beneficial owner rules did not appl...
Prohibited importation of cosmetics without prior regulatory registration attracts seizure and confiscation; warehousing or re export claims do not cu...
Provisional release on security permitted where cash deposit plus bond secures differential duty; classification and treaty benefits referred for deci...
The Appellate Tribunal held that flats purchased with consideration paid by the appellant, but registered in the names of others who did not pay for them, fell within the statutory definition of benami transaction. It further held that the amended definition under Section 2(9)(A) covered property still held in benamidars' names after the 2016 amendment, so the challenge based on pre-amendment origin failed. The objection that provisional attachment concerned non-existent property was also rejected because allotment letters were issued, consideration was paid, and registered agreements existed. Provisional attachment and its confirmation were upheld, and the appeal was dismissed.
The Appellate Tribunal held that flats purchased with consideration paid by the appellant, but registered in the names of others who did not pay for them, fell within the statutory definition of benami transaction. It further held that the amended definition under Section 2(9)(A) covered property still held in benamidars' names after the 2016 amendment, so the challenge based on pre-amendment origin failed. The objection that provisional attachment concerned non-existent property was also rejected because allotment letters were issued, consideration was paid, and registered agreements existed. Provisional attachment and its confirmation were upheld, and the appeal was dismissed.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4817 
Join Channel 
