Benami Act s.19(1)(b) — the law in short
What the courts have decided on section Benami Act s.19(1)(b), in one screen. Read this first; open an entry when you need the facts, the reasoning and the source.
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Alishan Complex P Ltd v Initiating Officer
High CourtHelps taxpayerValidity unconfirmed
The benami attachment rests on a retracted statement and they refused cross-examination. Is that evidence?
No. An untested and retracted statement, standing alone, is no evidence at all on which a benami finding can rest. Where such a statement is the only material against a party, the power in s.19(1)(b) of the Prohibition of Benami Property Transactions Act to summon and examine the witness stops being discretionary and becomes a duty, and income-tax assessment findings on the source and genuineness of the funds are relevant material the Initiating Officer is bound to consider.
Listed strongest first: Supreme Court, then High Court, then Tribunal, then CBDT. Nothing here has yet been read in full by a chartered accountant — open an entry to see where it came from.