Ministry of Finance
Notification No. SO 5602 [F.No. 370149/194/2017-TPL] was published on 31 October 2018. Its subject is Ministry of Finance.
The Prohibition of Benami Property Transactions (Removal of Difficulties) Second Order, 2018, made under sub-section (1) of section 70 of the Prohibition of Benami Property Transactions Act, 1988, amends section 71 of that Act. After the words "under this Act" at the end of that section, the words "for such period and in respect of such cases or class of cases as may be specified in the said notification" are inserted. The effect is that the notification under section 71, by which the Adjudicating Authority appointed under section 6(1) and the Appellate Tribunal established under section 25 of the Prevention of Money-laundering Act, 2002 discharge the corresponding functions under the Benami Act, may now be confined to a specified period and to specified cases or classes of cases.
A difficulty had arisen over references and appeals pending before the Adjudicating Authority and the Appellate Tribunal notified under section 71, and over the receipt of references and the filing of appeals during the time gap between the appointment of the Adjudicating Authority and establishment of the Appellate Tribunal under the Benami Act and their discharging functions; further, since sub-section (7) of section 26 bars an order after the expiry of one year from the end of the month in which the reference was received, the newly appointed Adjudicating Authority might not have had sufficient time to pass orders in references already pending.
MINISTRY OF FINANCE
(Department of Revenue)
ORDER
New Delhi, the 31st October, 2018
S.O. 5602(E).—WHEREAS, section 71 of the Prohibition of Benami Property Transactions Act, 1988 (45 of 1988) (hereinafter referred to as the Benami Act) states that the Central Government may, by notification, provide that until the Adjudicating Authorities are appointed and the Appellate Tribunal is established under the Benami Act, the Adjudicating Authority appointed under sub-section (1) of section 6 of the Prevention of Money-laundering Act, 2002 (15 of 2003) (hereinafter referred to as the PML Act) and the Appellate Tribunal established under section 25 of the PML Act may discharge the functions of the Adjudicating Authority and Appellate Tribunal, respectively, under the Benami Act;
AND, whereas, the Central Government, in exercise of the powers conferred under section 71 of the Benami Act has appointed the Adjudicating Authority and established the Appellate Tribunal under the provisions of the PML Act vide notification number S.O. 3288 (E), dated 25th October,2016 with effect from 1st day of November, 2016;
AND, whereas, on appointment of the Adjudicating Authority and establishment of the Appellate Tribunal under the Benami Act, the Adjudicating Authority and the Appellate Tribunal notified under section 71 of the Benami Act shall cease to discharge the functions under the Benami Act, and whereas, there shall be a time gap between the appointment of the Adjudicating Authority and establishment of the Appellate Tribunal under the Benami Act and discharging the functions of the said Authority and the said Appellate Tribunal under the Benami Act;
AND, whereas, a difficulty has arisen in respect of the reference and appeal filed under the Benami Act which are pending before the Adjudicating Authority and the Appellate Tribunal respectively and in respect of receiving references from the Initiating Officer by the Adjudicating Authority and filing of appeal against the order of the Adjudicating Authority under the Benami Act, there is a need to remove the difficulty arising from the time gap between the appointment of the Adjudicating Authority and establishment of the Appellate Tribunal under the Benami Act and discharging the functions of the said Authority and the said Appellate Tribunal under the Benami Act;
AND, whereas, sub-section (7) of section 26 of the Benami Act provides that "the Adjudicating Authority shall not pass order after the expiry of one year from the end of the month in which the reference has been received" by it, and whereas, on the date on which the Adjudicating Authority under the Benami Act shall discharge the functions under the Benami Act, there may be references pending before the Adjudicating Authority notified under section 71 of Benami Act in which order under sub-section (3) of section 26 may be required to be passed in a short period of time;
AND, whereas, a difficulty has arisen in view of the fact that the Adjudicating Authority appointed under the Benami Act may not have sufficient time for passing an order in respect of said references and there is a need to remove the difficulty arising from the availability of limited time for passing such order under the Benami Act;
NOW, therefore, in exercise of the powers conferred by sub-section (1) of section 70 of the Prohibition of Benami Property Transactions Act, 1988 (45 of 1988) the Central Government hereby makes the following Order to remove the aforesaid difficulties, namely:-
1. Short title and commencement.─(1) This Order may be called the Prohibition of Benami Property Transactions (Removal of Difficulties) Second Order, 2018.
(2) It shall come into force on the date of its publication in the Official Gazette.
2. In section 71 of the Prohibition of Benami Property Transactions Act, 1988, after the words "under this Act" occurring at the end, the words "for such period and in respect of such cases or class of cases as may be specified in the said notification" shall be inserted.
[F. No. 370149/194/2017-TPL]
PRAVIN RAWAL, Director (Tax Policy & Legislation)Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.
the date of publication in the Official Gazette.
In a reference or appeal under the Benami Act pending at the changeover, when the question arises which forum is to hear it and within what time an order under section 26(3) must be passed.
← Notification No. 75/2018 [F.No.203/26/2018/ITA-II] · Notification No. 74/2018 [F.No.370142/10/2018-TPL] / GSR 1068(E) →
Source: the Income Tax Department’s own published text — its page for this instrument.
