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        Case ID :

        Identification of Benami Properties

        July 3, 2019

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        Prohibition of Benami Property Transactions Act 1988 as amended by the Benami Transaction (Prohibition) Amendment Act, 2016 seeks to prohibit the benami transactions irrespective of the method by which the benami property is acquired. Such benami transactions include transactions in respect of movable as well as immovable properties.

        Till 31.05.2019, show cause notices under the Prohibition of Benami Property Transactions Act 1988 have been issued in over 2100 cases involving benami properties valued at over ₹ 9600 crores.

        The Government has taken various steps to identify benami properties.  The Income-tax Department (ITD) has set up 24 dedicated Benami Prohibition Units (BPUs) across India. These BPUs are involved in gathering information and matching the same with the data available for identifying the benami properties and taking effective action as per the provisions of Prohibition of Benami Property Transactions Act 1988.

        Moreover, a new reward scheme titled “Benami Transactions Informants Reward Scheme, 2018” aimed at encouraging people to, inter alia, give information about benami transactions and properties has been introduced.  Under the Benami Transactions Informants Reward Scheme, 2018, a person can get reward up to ₹ 1 crore for giving specific information in prescribed manner to the prescribed authorities about benami transactions and properties as well as proceeds from such properties, which are actionable under Benami Property Transactions Act, 1988.  Identity of the persons giving information is not disclosed.

        This was stated by Smt. Nirmala Sitharaman, Union Minister of Finance & Corporate Affairs in a written reply to a question in Rajya Sabha.

        Benami property prohibition: new reward scheme encourages informants and dedicated enforcement units strengthen identification and reporting. The Prohibition of Benami Property Transactions Act 1988, amended in 2016, forbids benami transactions in movable and immovable property and has prompted issuance of numerous show cause notices. The Income-tax Department has set up Benami Prohibition Units to gather and match information for identification and action. Complementing enforcement, the Benami Transactions Informants Reward Scheme, 2018, allows confidential reporting by informants and offers prescribed rewards for actionable information, with identities of informants protected.
                      Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                        Provisions expressly mentioned in the judgment/order text.

                            Benami property prohibition: new reward scheme encourages informants and dedicated enforcement units strengthen identification and reporting.

                            The Prohibition of Benami Property Transactions Act 1988, amended in 2016, forbids benami transactions in movable and immovable property and has prompted issuance of numerous show cause notices. The Income-tax Department has set up Benami Prohibition Units to gather and match information for identification and action. Complementing enforcement, the Benami Transactions Informants Reward Scheme, 2018, allows confidential reporting by informants and offers prescribed rewards for actionable information, with identities of informants protected.





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                            ActsIncome Tax
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