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The Benami Transactions (Prohibition) Amendment Act, 2016

By July 19, 2023No Comments

The Benami Transactions (Prohibition) Amendment Act, 2016, was a crucial step taken by the Indian government to curb black money and crack down on benami transactions in the real estate sector. A benami transaction is a transaction where a property is held by one person but is actually for the benefit of another person, often done to evade taxes or conceal unaccounted wealth. Since its enactment, there have been several significant developments and news related to the Benami Transactions Act, 2016. Let’s explore some of the latest updates:


Expanding the Scope of Benami Transactions: The Amendment Act expanded the definition of benami transactions and included several other transactions that were earlier outside its purview. This expansion aimed to cover a broader range of transactions to prevent tax evasion and unaccounted wealth from being parked in benami properties.


Stricter Enforcement and Penalties: The government has been actively enforcing the provisions of the Benami Transactions Act to ensure compliance. The Act empowers the authorities to confiscate benami properties and prosecute those involved in benami transactions.

Penalties for being involved in a benami transaction can be severe, ranging from imprisonment for up to seven years to fines up to 25% of the property’s fair market value. Moreover, any person who knowingly provides false information to the authorities during investigations can face imprisonment of up to five years.


Setting Up Special Courts: To expedite cases related to benami transactions and provide efficient and focused adjudication, the government has established special courts. These courts exclusively deal with cases related to the Benami Transactions Act, ensuring a faster resolution of disputes and facilitating effective enforcement.


Information-Sharing Mechanism: The government has introduced a robust information-sharing mechanism among various agencies, including the Income Tax Department, Enforcement Directorate, and Financial Intelligence Unit. This sharing of information has strengthened the tracking and identification of benami properties and transactions.


Awareness Campaigns: To create awareness about the implications of engaging in benami transactions, the government has launched public awareness campaigns. These campaigns aim to educate people about the consequences of getting involved in such illegal activities and encourage them to report benami transactions to the authorities.


Strict Scrutiny of Property Transactions: The government has enhanced scrutiny of property transactions to detect any potential benami deals. Authorities closely monitor high-value property transactions and analyze patterns of ownership to identify suspicious transactions.

Seizure and Confiscation of Benami Properties: Since the enactment of the Amendment Act, there have been instances where benami properties were seized and confiscated by the government. The confiscated properties are then sold through auctions, and the proceeds are deposited into the government’s account.


Amended Rules and Guidelines: The government has periodically issued amended rules and guidelines to streamline the implementation of the Benami Transactions Act. These amendments aim to plug any gaps and enhance the effectiveness of the law.



The Benami Transactions (Prohibition) Amendment Act, 2016, has proven to be a significant deterrent against benami transactions in the Indian real estate sector. The latest developments and news related to the Act demonstrate the government’s commitment to combating black money and tax evasion. Through stricter enforcement, special courts, information-sharing mechanisms, and awareness campaigns, the government is actively working to identify and penalize those involved in benami transactions. As the implementation of the Act continues to evolve, it is expected to foster transparency and accountability in real estate transactions, ultimately contributing to the growth and integrity of the Indian economy.


Author kjac

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