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    <title>2026 (1) TMI 1248 - APPELLATE TRIBUNAL UNDER SAFEMA AT NEW DELHI</title>
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    <description>Analysis addresses benami characterization of a property where documentary and circumstantial evidence established that third parties funded the acquisition and were intended beneficiaries; consequently the statutory exception for lineal ascendants/descendants did not apply because the consideration was paid by nephews and the property was held for their benefit. Post-registration transfers and absence of fresh consideration were treated as evidence of layered benami transactions, supporting application of the doctrine of sham or fraudulent transactions. Compliance with procedural Rule 5 was held immaterial once benami elements were proved, and assertions of bona fide independent ownership were rejected on financial incapacity and payment evidence.</description>
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      <link>https://www.taxtmi.com/caselaws?id=785492</link>
      <description>Analysis addresses benami characterization of a property where documentary and circumstantial evidence established that third parties funded the acquisition and were intended beneficiaries; consequently the statutory exception for lineal ascendants/descendants did not apply because the consideration was paid by nephews and the property was held for their benefit. Post-registration transfers and absence of fresh consideration were treated as evidence of layered benami transactions, supporting application of the doctrine of sham or fraudulent transactions. Compliance with procedural Rule 5 was held immaterial once benami elements were proved, and assertions of bona fide independent ownership were rejected on financial incapacity and payment evidence.</description>
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