Just a moment...

Top
Help
×

By creating an account you can:

Logo TaxTMI
>
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / TMI Blogs / RSS

Provisional attachment under Benami Transactions Act challenged for lack of independent evidence proving benami arrangement; attachment denied

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Provisional attachment under the Benami Transactions Act was examined on whether evidence established a benami arrangement. The dominant legal reasoning was that the Initiating Officer bore the burden of proof and must produce independent, admissible evidence to pierce the corporate veil and demonstrate beneficial ownership; reliance on income-tax materials and statements under compulsion was insufficient. The consequence was denial of confirmation of provisional attachment and dismissal of appeals because the target companies' commercial activity and assessed returns supported legitimate share allotment rather than a benami transaction.....