I-T Dept can attach benami assets even if owner not traced: Panel
The Income Tax Department can attach an asset under the anti-benami law even if the actual owner of such a property has not been identified as the Act has a specific provision to deal with untraceable or fictitious entities, a quasi-judicial body has said.
In its ruling dated November 26, 2024, the Adjudicating Authority set up under the Prohibition of Benami Property Transactions (PBPT) Act, 1988, has thus upheld a 2023 land assets attachment order issued by the Lucknow unit of the Income Tax Department.
3 Lucknow-based realty groups raided
- The alleged benami assets case came to the fore after the I-T Department raided three Lucknow-based realty groups that had “purchased big land parcels in the Kakori (Lucknow district) area by paying huge amounts of unaccounted cash”
- The Benami Prohibition Unit of the department issued a provisional order in October 2023 attaching five land parcels in Kakori and categorising those as ‘benami assets’
The alleged benami assets case came to the fore after the department raided three Lucknow-based realty groups that had “purchased big land parcels in the Kakori (Lucknow district) area by paying huge amounts of unaccounted cash”.
The Lucknow-based Benami Prohibition Unit (BPU) of the department issued a provisional order in October 2023, attaching five land parcels in Kakori valued at Rs 3.47 crore and categorising them as “benami assets”.
This order was sent to the authority for confirmation with the name of a “benamidar” (in whose name a benami property is standing) apart from two companies and two individuals who were named as “interested parties” in the case.
The provisional order did not mention the name of any beneficial owner. Usually, when an attachment of assets order is issued by the I-T Department under the PBPT Act, it bears the name of the “benamidar” and the “beneficial owner”.
“Benami” means “no name” or “without name”. The real beneficiary of such a property is not the one in whose name it has been purchased. The authority said it was partially confirming the I-T attachment order (properties worth Rs 3.10 crore of the total Rs 3.47 crore) as there was “no clear evidence related to payment of balance consideration (funds)” and upheld that Ravi Kumar, an office boy in a real estate company named Excella, was the “benamidar” in this case.
It ordered deletion of the names of two companies — Pintail Real Estate LLP and Excella Premioinfra LLP — apart from an individual, Shiv Kumar, from the I-T attachment order, saying there was “no clear evidence” against them.