Benami property transfers and provisional attachment: CBDT instructions can't override law; 2016 amendments apply; s.6 void transfers upheld.

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....The dominant issues were whether CBDT instructions could override the Benami Act, 1988 and whether the 2016 amendments were inapplicable where the initial transfer pre-dated the amendment but the property continued to be held thereafter. It was held that CBDT instructions were administrative and did not control or dilute statutory powers; the Initiating Officer validly exercised authority to provisionally attach property under the 1988 Act, hence the challenge failed. It was further held that excluding amended provisions merely because the initial transfer occurred earlier, despite continued holding post-amendment, would impermissibly rewrite the 2016 amendments; hence the amended regime applied. On facts, the property was found to be benam.........