https://www.taxtmi.com/caselaws?id=783728 CBDT instructions were held not to override the Benami Transactions (Prohibition) Act, 1988, as they operate administratively and the statutorily defined Initiating Officer retains independent power to order provisional attachment; the challenge on this ground was rejected. On the 2016 amendments, the Tribunal held that even if the initial transfer pre-dated the amendment, amended provisions apply where the property continued to be "held" by a benamidar after commencement; the contrary construction would impermissibly rewrite the statute, so the retrospective/prospective objection failed. On facts, the property was found to have been acquired benami for the benefit of an interested party, and any subsequent transfer was void under s. 6; the appeal was dismissed. en-us Wed, 10 Dec 2025 00:00:00 +0530 Mon, 22 Dec 2025 07:49:15 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=783728 CBDT instructions were held not to override the Benami Transactions (Prohibition) Act, 1988, as they operate administratively and the statutorily defined Initiating Officer retains independent power to order provisional attachment; the challenge on this ground was rejected. On the 2016 amendments, the Tribunal held that even if the initial transfer pre-dated the amendment, amended provisions apply where the property continued to be "held" by a benamidar after commencement; the contrary construction would impermissibly rewrite the statute, so the retrospective/prospective objection failed. On facts, the property was found to have been acquired benami for the benefit of an interested party, and any subsequent transfer was void under s. 6; the appeal was dismissed. Case-Laws Benami Property Wed, 10 Dec 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=783728