Download or read book Taxmann s Law Relating to Prohibition of Benami Property Transactions Act 1988 Comprehensive Section wise Commentary with Case Laws Ready Reckoners Procedural Guidance written by CA Srinivasan Anand G. and published by Taxmann Publications Private Limited. This book was released on 2024-09-09 with total page 25 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an authoritative legal resource providing a comprehensive, section-wise commentary on the Prohibition of Benami Property Transactions Act, 1988 (PBPT Act). It is tailored to the needs of practitioners across various domains, including civil law, criminal law, company law, and income tax, presenting complex legal provisions in an accessible and practical format. The Present Publication is the 7th Edition and has been amended by the Finance (No. 2) Act 2024. It also discusses the implications of Section 107 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on the seizure and confiscation of benami properties, providing readers with the most current and relevant legal analysis. This book is authored by CA Srinivasan Anand G with the following noteworthy features: • Section-Wise Commentary in FAQ Format o The book adopts a reader-friendly approach, presenting each section of the PBPT Act in a question-and-answer format. This layout simplifies intricate legal concepts and statutory provisions, making them easier to understand and apply. Each section includes a detailed legislative history and the effective date of applicability based on case law, helping readers track the evolution and impact of the law • Comprehensive Case Law Analysis o Featuring an exhaustive compilation of relevant case laws from the Supreme Court, High Courts, ITAT, Adjudicating Authorities, and Appellate Tribunals, this book provides an analysis of the judicial interpretations of Benami transactions. It includes significant cases like the landmark Supreme Court judgment in Ganpati Dealcom, providing readers critical insights into the judicial stance on Benami property issues. The book also analyses case laws from similarly worded provisions in other statutes, such as the Income Tax Act and the Civil Procedure Code, enhancing its practical value • Detailed Examination of Pleadings and Legal Strategies o This book discusses the specific pleadings required to avail exceptions or exclusions to Benami transactions, providing a thorough analysis based on established case laws. It guides practitioners on the nuances of drafting effective legal pleadings and strategies in defending against allegations of Benami transactions • Ready Reckoners for Quick Reference – To assist practitioners in quickly finding the information they need, the book includes: o A Ready Reckoner detailing the relatives in whose names property can be held without triggering the Benami law o A dedicated section on Benami share transactions, explained in light of the relevant provisions of the Companies Act, 2013, with a separate reckoner positioned at the beginning for ease of access o An Alphabetical Ready Reckoner to facilitate quick navigation through the various legal provisions related to Benami transactions • Analysis of Shell Companies in Benami Transactions o The book analyses the role of shell companies in Benami transactions, discussing how these entities are used to circumvent the law and the judicial outcomes of such cases. It provides comprehensive coverage of legal strategies to combat the misuse of shell companies in the context of Benami property holdings • Confiscation and Civil Asset Forfeiture o A pivotal section of the book discusses the nature of confiscation under the civil asset forfeiture regime of the PBPT Act, thoroughly examining how confiscation proceedings are handled both in India and internationally. The book provides a comparative analysis, helping practitioners understand the nuances of property confiscation and the broader implications of civil asset forfeiture laws • Procedural Guidance for Practitioners – The book provides detailed procedural guidance, covering: o Processes before the Initiating Officer under Section 24, including responses to Show Cause Notices and handling of Provisional Attachment Orders o Detailed procedures before the Adjudicating Authority under Section 26, outlining the rights of the noticee to access materials that led to the attachment of the property and subsequent referrals o An extensive discussion of appellate, revision, and rectification remedies available under the PBPT Act, equipping readers with practical knowledge to effectively understand the legal processes • Valuation Rules and Determining Fair Market Value o It includes a thorough discussion of the valuation rules and methods used to determine the fair market value of Benami properties, which is critical for imposing fines under Sections 53 and 54. The book explains the valuation techniques with supporting case laws, providing a clear framework for practitioners dealing with valuation disputes • Interaction with Other Laws – The book offers a comprehensive overview of how the PBPT Act intersects with other major laws, guiding the relevant provisions of: o Companies Act, 2013 – Contextual analysis of Benami share transactions and compliance issues o Fugitive Economic Offenders Act, 2018 – Discusses enforcement overlaps and asset confiscation measures o Income Tax Act, 1961 – Covers taxation implications and provisions with similar wording o Indian Penal Code, 1860 and Civil Procedure Code, 1908 – Analyses procedural and substantive intersections with criminal and civil law o Criminal Procedure Code, 1973 and Prevention of Money-laundering Act, 2002 – Details on criminal implications and connections with money laundering cases o Transfer of Property Act, 1882 and Indian Trusts Act, 1882 – Provides analysis of property and trust-related legal frameworks • Elaborate Discussions on Controversial Legal Issues o The book thoroughly examines contentious legal issues, such as the controversy over the dating of orders passed by authorities—specifically whether orders were passed within the prescribed limitation period or were 'backdated' to appear compliant. It also addresses the absence of case laws under certain provisions, filling gaps by discussing similar or identically worded provisions from other laws
Download or read book Taxmann s Principles of Benami Law Comprehensive treatise on benami law covering its various aspects relationships with related enactments the applicability of evidence rules etc written by G.C. Das and published by Taxmann Publications Private Limited. This book was released on 2023-05-04 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a comprehensive treatise on Benami Law comprising the following: • Detailed Analysis of Various Facets of Benami Law • Interplay with Provisions of Various Related Enactments • Rules of Evidence and its Applicability to Benami Transactions • Issue of Retrospectivity and Perspectivity in the Operation of Law This book will be helpful for tax administrations and tax professionals. The Present Publication is the Latest 2023 Edition and has been amended by the Finance Act 2023. This book is authored by G.C. Das, with the following noteworthy features: • [Explanation to the Minutest Details], which includes the following: o Procedure for Initiation of Benami Proceeding o Provisional Attachment o Issue of Summons and Impounding of Documents, etc., which are foundational requirements. This is an important feature of this book because if the foundational requirements fail, all subsequent proceedings may be void • [Thorough Insights] on the following: o Law on Benami Transactions o Interpretation o Application in Various Practical Situations • [Illustrations] are included in this book to bring out various facets of benami transactions • [Detailed Overview of the Prohibition of Benami Property Transactions Act] that explains the provisions of the Act, including the penalties and prosecution for those entering into benami transactions • [Comprehensive Explanation on the Operation of Benami Law] which is achieved by including discussions on the import of various substantive and procedural aspects of Benami Law and other Allied Laws • [Frequently Asked Questions] are included at the end of the book to have a fair view of the law, at a glance, about the critical aspects relating to the Benami transaction The detailed contents of the book are as follows: • Evolution of the Concept of Benami Transactions in India – An Overview • Concept of 'Benami' – Principles Evolved in Some Landmark Judgements • Sham Transactions and its Characteristics – Changes Effected in Prohibition of Benami Property Transaction Act 1988 • Comparative Table of Various Provisions of the Principal Act 1988 and the Prohibition of Benami Property Transaction Act 1988 – At a Glance • Definition of ‘Property’ and its Scope [Section 2(c) of the Principal Act 1988 and Section 2(26) of the Prohibition of Benami Property Transaction Act 1988] • Benami Property [Section 2(8) of the Prohibition of Benami Property Transaction Act 1988] • ‘Benami Transactions’ – Its Scope [Section 2(a) of the Principal Act 1988 and Section 2(9) of the Prohibition of Benami Property Transaction Act 1988] • Exceptions to Operation of Section 2(9)(A) of the Prohibition of Benami Property Transaction Act 1988 Defining 'Benami Transactions' • Exclusive Categories of Benami Transactions Stipulated in Clause (b), Clause (c) and Clause (d) to Section 2(9) of the Prohibition of Benami Property Transaction Act 1988 • Benamidar (Ostensible Owner) vs Beneficial Owner (Real Owner) [Section 2(10) and 2(12) of the Prohibition of Benami Property Transaction Act 1988 • 'Transfer' under the Prohibition of Benami Property Transaction Act 1988 & other Allied Concepts [Section 2(29) & Section 57 of the Prohibition of Benami Property Transaction Act 1988 • Consequences of entering into benami transactions – Aspects of defence [Section 3, Section 3 and Section 5 of the Principal Act, 1988 and Section 3, Section 4, Section 5 and Section 6 of the Prohibition of Benami Property Transaction Act 1988] • Powers of Authorities to Conduct Enquiry [Sections 18, 19, 20, 21, 22, 23 of the Prohibition of Benami Property Transaction Act 1988] • Power of Authorities [Issue of Summons under Section 19 of the Prohibition of Benami Property Transaction Act 1988] • Power to Impound Documents [Section 22 of the Prohibition of Benami Property Transaction Act 1988] • Issue of Show Cause Notice (SCN) and Provisional Attachment [Section 24 of the Prohibition of Benami Property Transaction Act 1988] • Provisional Attachment [Section 24(3), 24(4) and 24(5) of the Prohibition of Benami Property Transaction Act 1988] • Attachment, Adjudication and Confiscation [Sections 24, 26, 27, 28, 29, 30 to 48, 49, 50 to 52 & Section 66 of the Prohibition of Benami Property Transaction Act 1988] • Special Court – Offence and Prosecution [Sections 50 to 55, 62, 64 and Section 2(16) of the Prohibition of Benami Property Transaction Act 1988] • Issue and Service of Notice and Communication of Order [Sections 25 and 63 of the Prohibition of Benami Property Transaction Act 1988 & Order V of the Civil Procedure Code 1908] • Operation of Benami Law & its Interplay with Income-tax Act 1961 [Sections 68, 69, 69A, 69B, 69C and 69D of the Income-tax Act – Sections 60 and 67 of the Prohibition of Benami Property Transaction Act 1988 • Interplay between Benami Law and other Enactments • Operation of Benami Law [Retrospectivity and Prospectivity] • Burden of Proof in Benami Transactions • Intention and Benami Transaction • Bona Fide Transaction – Scope of • Fraud and Benami Transaction • Doctrine of Substance over Form – Benami Law • Benami Law and Rules of Evidence • Action Points and Time Limts for various Actions under Prohibition of Benami Property Transaction Act 1988 – At a Glance • Frequently Asked Questions (FAQs)
Download or read book Benami Property written by and published by . This book was released on 2018 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Taxmann s Benami Black Money Money Laundering Laws Covering amended updated annotated text of the Benami Black Money PMLA Fugitive Economic Offenders Laws 2023 Edition written by Taxmann and published by Taxmann Publications Private Limited. This book was released on 2023-04-03 with total page 17 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims to provide a complete and thorough understanding of the statutory portion (i.e. Act, Rules, Circulars & Notifications, etc.) of the Benami, Black Money and Money Laundering Laws. It covers the amended, updated & annotated text of the following laws: • Prohibition of Benami Property Transactions Act, 1988, as amended by the Finance Act 2023 with Rules, Schemes & Notifications • Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015, as amended upto date with Rules, Challans, Instructions and Circulars & Notifications • Fugitive Economic Offenders Act, 2018, with 5+ Rules & Notifications • Prevention of Money-laundering Act, 2002, as amended upto date with 10+ Rules, Regulations & Notifications The Present Publication is the 2023 Edition and has been amended by the Finance Act 2023. This book is edited by Taxmann's Editorial Board with the following coverage. • Prohibition of Benami Property Transactions Act, 1988, with Rules, Schemes & Notifications o Prohibition of Benami Property Transactions Act, 1988, as amended by the Finance Act, 2023 o Prohibition of Benami Property Transactions Rules, 2016, as amended up to date o Prohibition of Benami Property Transactions (Conditions of Services of Members of Adjudicating Authority) Rules, 2019 o Benami Transactions Informants Reward Scheme, 2018 o Notifications • Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015, with Rules, Challans, Instructions and Circulars & Notifications o Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015, as amended up to date o Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Rules, 2015 o Undisclosed Foreign Income and Assets Challan o Instruction to Subordinate Authorities – Instructions Regarding Handling of Income-tax Cases and Black Money Cases o Circulars and Notifications • Fugitive Economic Offenders Act, 2018 with 5+ Rules & Notifications o Fugitive Economic Offenders Act, 2018 o Declaration of Fugitive Economic Offenders (Forms and Manner of Filing Application) Rules, 2018 o Fugitive Economic Offenders (Manner of Attachment of Property) Rules, 2018 o Fugitive Economic Offenders (Issuance of Provisional Attachment Order) Rules, 2018 o Fugitive Economic Offenders (Procedure for Conducting Search and Seizure) Rules, 2018 o Fugitive Economic Offenders (Manner and Conditions for Receipt and Management of Confiscated Properties) Rules, 2018 o Fugitive Economic Offenders (Procedure for Sending Letter of Request to Contracting State) Rules, 2018 o Notifications • Prevention of Money-laundering Act, 2002 with 10+ Rules, Regulations & Notifications o Prevention of Money-laundering Act, 2002, as amended up to date o Prevention of Money-laundering (the Manner of Forwarding a Copy of the Order of Provisional Attachment of Property along with the Material and Copy of the Reasons along with the Material in respect of Survey, to the Adjudicating Authority and its Period of Retention) Rules, 2005 o Prevention of Money-laundering (Receipt and Management of Confiscated Properties) Rules, 2005 o Prevention of Money-laundering (Maintenance of Records) Rules, 2005 o Prevention of Money-laundering (Forms, Search and Seizure or Freezing and the Manner of Forwarding the Reasons and Material to the Adjudicating Authority, Impounding and Custody of Records and the Period of Retention) Rules, 2005 o Prevention of Money-laundering (the Forms and the Manner of Forwarding a Copy of Order of Arrest of a Person along with the Material to the Adjudicating Authority and its Period of Retention) Rules, 2005 o Prevention of Money-laundering (the Manner of Forwarding a Copy of the Order of Retention of Seized Property along with the Material to the Adjudicating Authority and the Period of its Retention) Rules, 2005 o Prevention of Money-laundering (Manner of Receiving the Records authenticated Outside India) Rules, 2005 o Prevention of Money-laundering (Appeal) Rules, 2005 o Adjudicating Authority (Procedure) Regulations, 2013 o Prevention of Money-laundering (Issuance of Provisional Attachment Order) Rules, 2013 o Prevention of Money-laundering (Taking Possession of Attached or Frozen Properties Confirmed by the Adjudicating Authority) Rules, 2013 o Prevention of Money-laundering (Restoration of Property) Rules, 2016 o Notifications
Download or read book Taxmann s Law Relating to Prohibition of Benami Property Transactions Act 1988 Section wise commentary discussed extensively with Case Laws FAQs Tables etc Finance Act 2023 Edition written by CA Srinivasan Anand G. and published by Taxmann Publications Private Limited. This book was released on 2023-04-06 with total page 22 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive section-wise commentary on the law relating to the Prohibition of Benami Property Transactions. It is rendered in an easy-to-read & follows a 'FAQ' format. It also includes the legislative history and effective date of applicability based on given Case Laws. Flow charts & tables have been provided in this book for ease of reference. This book is designed to be a handy referencer to the practitioners of the following laws: • Civil Law • Criminal Law • Company Law • Income-tax The Present Publication is the 6th Edition and has been amended by the Finance Act 2023. This book is authored by CA Srinivasan Anand G with the following noteworthy features: • [Extensive Analysis with Case Laws (from 2016 to March 2023)] specifically for the following topics: o Pleadings which are required to avail the exceptions/exclusions to Benami transactions o Shell companies o Civil asset forfeiture regime o Nature of confiscation o Controversy over the date of order passed by authorities, whether passed within limitation or after but 'backdated' to show it was passed within the limitation o Case Laws of similar/identically worded provisions from other Laws such as: ■ Income-tax ■ Civil Procedure Code o Valuation Rules and methods • [Ready Reckoner] is provided for the following cases: o In respect of the relatives in whose name property can be held without attracting the taint of Benami o Benami Transaction in Shares Reckoner o Alphabetical Ready Reckoner to Benami Law • [Benami Share Transactions] are explained in light of relevant provisions of the Companies Act 2013 • [Analysis of Procedures] which includes the following: o Procedure before Initiating Officer (IO) u/s 24 (responses to show cause notice & provisional attachment order) o Procedure before Adjudicating Authority (AA) u/s 26 (rights of noticee to require material in possession of IO, based on which the IO attached the show caused property and made reference to the AA • [Analysis of Appellate, Revision and Rectification Remedies] is provided in this book • [Valuation Rules for Determining the Fair Market Value] of Benami property to levy fines under sections 53 and 54 as a percentage of fair market value • [Interaction with Other Laws] This book covers the relevant provisions of other laws, such as: o Companies Act, 2013 o Fugitive Economic Offenders Act, 2018 o Income Tax Act, 1961 o Indian Penal Code, 1860 o Civil Procedure Code, 1908 o Criminal Procedure Code, 1973 o Prevention of Money-laundering Act, 2022 o Transfer of Property Act, 1882 o Indian Trust Act, 1882 The detailed contents of the book are as follows: • Preliminary • Prohibition of Benami Transactions • Authorities • Attachment, Adjudication and Confiscation • Appellate Tribunal • Special Courts • Offences and Prosecution • Miscellaneous
Download or read book L P s New Law Relating to Benami Properties written by and published by . This book was released on 2017 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Law of Ownership and Transfer of Property in India written by Sandeep Bhalla and published by lawmystery.in. This book was released on 2017-08-03 with total page 1008 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ownership of property is a matter of fact. For example, I have an immovable property and I can enjoy it till I am interrupted by some one. However in law a person in possession of property is not necessarily its owner. Yet a person in possession has certain rights. All these aspects of ownership and possession are discussed in this book. In addition to above there are various other matters. Like Lease of land. Gift of movable and immovable property. Exchange of properties. Mortgage of properties. Rights and duties of all the persons involved in all these transactions. These are other matters covered in this book. This book deals with each aspect of Transfer of Properties Act, 1882 as applicable in India and also contains relevant leading precedents on most of the subjects which act as example of the problems. A unique feature of this ebook is that most of the cases/precedents/judgments referred and relied have relevant para extracted in the ebook with live links to the judgments. No more searching for relevant judgments which are just a click away. A must for a legal practitioner or a litigant alike.
Download or read book Treatise on Prohibition of Benami Property Transactions Act 1988 law and Practice written by and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Pakistan written by International Monetary Fund and published by International Monetary Fund. This book was released on 2003-06-23 with total page 86 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper examines Pakistan’s Fifth Review Under the Three-Year Arrangement Under the Poverty Reduction and Growth Facility (PRGF) and Request for Waiver and Modification of Performance Criteria. Although most reforms were broadly on track, there were setbacks in energy sector reforms, and to a lesser extent in privatization. Progress was made in preparing the full Poverty Reduction Strategy Paper and monitoring intermediate social outcomes. All quantitative performance criteria for end-December 2002 were met. The budget for fiscal year 2003/04 will aim at a further reduction of the fiscal deficit while raising social and poverty-related expenditures.
Download or read book Compendium of KEY ISSUES UNDER CORPORATE LAW written by Dr. K. R. Chandratre and published by Bloomsbury Publishing. This book was released on 2021-03-15 with total page 3000 pages. Available in PDF, EPUB and Kindle. Book excerpt: About the Book With the rapid change in statutory environment, Corporate Law has also been evolving at faster pace from past several decades. The complexities in the laws have also been rising, which poses constant challenge to practising professionals. There also exist a lot of issues which perhaps may not be addressed by legislation and delegated legislation, some of which are addressed by the judiciary. The present book is a Compendium of Key Issues under Corporate Laws covering a wide spectrum of subjects in Corporate Laws, in five Volumes. This book brings out issues in Corporate Law covering aspects that professionals face in practice. It also brings out a lot of aspects that readers should be aware of. Legislation and case laws from other jurisdictions have been analysed to provide insight into the issues. Key Features ? Topic-wise detailed analysis of various Corporate Law issues. ? Various issues organised under topic heads addressing the key issues concerning the topic. ? Detailed analysis of statutory provisions along with relevant judicial pronouncements and provisions of allied laws (wherever applicable) for each topic has been provided; e.g. SEBI Act and various Regulations issued by the SEBI. ? Analysis of certain landmark judicial pronouncements. ? Comparative position of various topics between Companies Act, 2013 and Companies Act, 1956. ? Certain new concepts of Companies Act, 2013 explained in detail. ? Rules of interpretation of statutes have been discussed wherever necessary.
Download or read book 29 Years UPSC IAS IPS Prelims General Studies Topic wise Solved Papers 1 1994 2022 with Detailed Solutions written by OnlineVerdan and published by Infinity Educations. This book was released on with total page 627 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Edition of UPSC Prelims Paper 1 (General Studies) book has been made to meet the requirements of candidates appearing in UPSC Prelims 2023. This volume covers the questions of the UPSC Paper 1 of the last 29 years (1994-2022) including of latest conduct exam of UPSC Prelims 2022. For easy understanding and to provide in-depth explanations, all questions have been classified in six major chapters and each chapter is again divided into topics, so that aspirants can adopt the systemic approach of study. All chapters are prepared according to the syllabus of the UPSC Prelims Paper 1, which History of India and Indian National Movement, Geography of India and World, Polity and Governance, Indian Economy and Social Development, General Science, Technology and Environment, General Knowledge and Current Affairs. The book is also contain a topic-wise analysis of previous years UPSC Prelims questions which is necessary for proper strengthening of subjects.
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Download or read book CARO 2020 Companies Auditor s Report Order 2020 written by CMA Anand Kumar Shrivastava B.E. (Civil) and published by Nitya Publications. This book was released on 2020-01-01 with total page 86 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains the analysis and comprehensive commentary on CARO 2020 under the following heads: 1. Short title, application and commencement 2. Auditor’s report to contain matters specified in Para 3 and 4 3. Matters to be included in auditor’s report 4. Reasons to be stated for unfavourable or qualified answers This book is relevant for professional courses conducted by: 1. The Institute of Cost Accountants of India. 2. The Institute of Company Secretaries of India. 3. The Institute of Chartered Accountants of India. Author: CMA
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