Guide to PROHIBITION OF BENAMI PROPERTY TRANSACTIONS ACT, 1988, 2019 by CA. P.T. JOY

Division I

Prohibition of Benami Property Transactions Act, 1988
&
Prohibition of Benami Property Transactions
Rules, 2016

1.   Prohibition of Benami Property Transactions Act, 1988

2.   Prohibition of Benami Property Transactions Rules, 2016

Division II

Analysis of the Act

Evolution of Benami Law

Comparison between the Benami Transactions Prohibition Act, 1988 and the Amended Act, 2016

Chapter 1      Benami Transactions (Prohibition) Act — A Study in Comparison

Chapter 2      Benami Transaction — Introduction

Chapter 3      Prohibition of Benami Transactions

Chapter 4      Authorities

Chapter 5      Attachment, Adjudication and Confiscation

Chapter 6      Appellate Tribunal

Chapter 7      Special Courts

Chapter 8      offences and Prosecution

Chapter 9      Miscellaneous

Chapter 10    Notifications

Chapter 11    Removal of Difficulties Orders

Chapter 12    Prohibition of Benami Property Transactions (Conditions of Services of Members of Adjudicating Authority) Rules, 2019

Chapter 13    Application To Properties Located Outside

Chapter 14    Section 88 and Section 89 of Companies Act in Connection With Benami Transaction

Chapter 15    Section 187 of Companies Act 2013 — Investments of Company to be held in its Own Name

Chapter 16    Rule 9 of the Companies Management and Administration Rules, 2014 — Declaration in Respect of Beneficial Interest in any Shares

Chapter 17    Income Disclosure Scheme Connected With Benami Transaction and Its Consequences

Chapter 18    Correlation Between Benami Transaction and Tax Evasion

Chapter 19    Income Tax Act, 1961 and the Benami Law

Chapter 20    How Aadhaar Linking Can Help Government to Catch Benami Properties

Chapter 21    How Prohibition of Benami Transaction Prevents Money Laundering

Chapter 22    Conclusion

Appendix 1   Benami Transactions (Prohibition) Amendment Act, 2016

Appendix 2   Amendments Made by Finance (No. 2) Act, 2019

Appendix 3   57th Report of Law Commission on
Benami Transaction

Appendix 4   130th Report of Law Commission on Benami Transaction

Appendix 5   The Second Schedule: Procedure for Recovery of Tax (To the Income-tax Act, 1961)

Appendix 6   Code of Criminal Procedure, 1973

Appendix 7   Frequently Asked Questions of Benami Transactions