Benami procedural amendments apply retrospectively, while enhanced penalties remain prospective and voluntary statements can establish beneficial ownership.

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Full Text of the Document

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....Procedural and curative 2016 Benami amendments, including attachment, adjudication and appellate mechanisms, apply to transactions predating their enforcement, while newly created or enhanced penalties remain prospective, with a specific exception concerning confiscation proceedings. An unretracted sworn statement affirmed as voluntary may be relied upon where coercion is unsupported. A relative's registered title does not prevent benami characterisation where another person funded acquisition and loan repayments, exercised control and beneficial use, and evidence of independent funds or rent is unreliable. Recorded reasons to believe need not be supplied where the show-cause notice and provisional attachment set out the factual basis. The flat remained subject to confirmed provisional attachment as benami property.....