Raj Kumar Nahataa
The publication is a comprehensive guide on complexities surrounding benami law and its jurisprudence in India, providing in-depth analytical and critical analysis of each and every aspect related to Benami Transactions. The book traces the origin, history and evolution of the benami law and paints an impartial picture by including both side’s views carved out of the decisions of the Privy Council and various other Courts. It also covers the problems caused by benami transactions, the judicial recognition given to such transactions, the influence of English Law, both supporting and invalidating statutory provisions relevant to benami transactions. In addition, the book meticulously and methodically includes the observations, opinions and issues deliberated by the Law Commission of India in its related reports, the deficiencies in the 1988 Ordinance & Act, the considered view and recommendations of the Standing Committees to which the Bills of 2011 and 2015 were referred, the objects and reasons for the amendments that were made in the Act as well as the relevant points discussed during the respective parliamentary debates. Further, an in-depth analysis of the provisions of the Act, the Rules, Orders and Notifications issued thereunder alongwith the relevant extracts of the provisions of the Taxation and other allied laws and notifications issued thereunder, is included in a thorough and exhaustive manner with examples and easy to understand charts. The publication shall be tremendously beneficial to all the stakeholders involved in the legal practice as well as administration or adjudication in the arena of Benami Law in India. The book will be further helpful to all the students of law in better understanding the concepts of Benami Transactions. Key Features: The book is a comprehensive guide along with the entire reference material including Acts, Rules, Bills, Notification, Orders, Reports and Parliamentary debates The book is updated with the latest amendments The book includes an in-depth analysis of the recent Supreme Court’s Judgement in Ganpati Dealcom Pvt. Ltd. Versus Union of India & Anr. [ Special leave petition (Civil) No. 2784/2020] at appropriate places and its impact on the implication of relevant provisions of the law. The book includes the interplay of Benami law with other Acts like Income Tax, Black Money, Prevention of Money laundering etc. The book systematically collates the recent rulings of the Appellate Tribunal, various High Courts Hon’ble Supreme Court and the ratios laid down on benami law, which will be of immense use to the readers. The book has been concluded with the issues that still remain unanswered and certain recommendations on the benami law in India.
