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Benami Transactions (Prohibition) Amendment Act, 2016

Description: Benami Transactions (Prohibition) Amendment Act, 2016
Number of Questions: 15
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Tags: indian law banking and finance law benami transactions
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What is the primary objective of the Benami Transactions (Prohibition) Amendment Act, 2016?

  1. To prohibit benami transactions.

  2. To regulate benami transactions.

  3. To promote benami transactions.

  4. To exempt benami transactions from taxation.


Correct Option: A
Explanation:

The main purpose of the Benami Transactions (Prohibition) Amendment Act, 2016 is to prohibit benami transactions, which involve the transfer of property in the name of one person while the actual ownership and enjoyment of the property belongs to another person.

Which of the following is not a benami transaction under the Act?

  1. Transfer of property in the name of a wife by her husband.

  2. Transfer of property in the name of a minor child by his/her parents.

  3. Transfer of property in the name of a trust by its settlor.

  4. Transfer of property in the name of a company by its shareholders.


Correct Option: D
Explanation:

Transfer of property in the name of a company by its shareholders is not considered a benami transaction under the Act, as the company is a separate legal entity and the shareholders are not the beneficial owners of the property.

What is the punishment for entering into a benami transaction under the Act?

  1. Imprisonment for a term of up to 7 years and a fine of up to Rs. 1 crore.

  2. Imprisonment for a term of up to 3 years and a fine of up to Rs. 50 lakhs.

  3. Imprisonment for a term of up to 1 year and a fine of up to Rs. 25 lakhs.

  4. None of the above.


Correct Option: A
Explanation:

The punishment for entering into a benami transaction under the Act is imprisonment for a term of up to 7 years and a fine of up to Rs. 1 crore.

Who is authorized to investigate benami transactions under the Act?

  1. The Income Tax Department.

  2. The Enforcement Directorate.

  3. The Central Bureau of Investigation.

  4. All of the above.


Correct Option: D
Explanation:

The Income Tax Department, the Enforcement Directorate, and the Central Bureau of Investigation are all authorized to investigate benami transactions under the Act.

What is the time limit for initiating an investigation into a benami transaction under the Act?

  1. 3 years from the date of the transaction.

  2. 5 years from the date of the transaction.

  3. 7 years from the date of the transaction.

  4. 10 years from the date of the transaction.


Correct Option: C
Explanation:

The time limit for initiating an investigation into a benami transaction under the Act is 7 years from the date of the transaction.

What is the burden of proof in a benami transaction case under the Act?

  1. The burden of proof lies on the prosecution.

  2. The burden of proof lies on the accused.

  3. The burden of proof is shared equally between the prosecution and the accused.

  4. There is no burden of proof in a benami transaction case.


Correct Option: B
Explanation:

In a benami transaction case under the Act, the burden of proof lies on the accused to prove that the transaction is not benami.

What is the effect of a benami transaction being declared void under the Act?

  1. The property involved in the transaction is forfeited to the government.

  2. The property involved in the transaction is transferred to the beneficial owner.

  3. The property involved in the transaction is sold and the proceeds are distributed between the benamidar and the beneficial owner.

  4. None of the above.


Correct Option: A
Explanation:

If a benami transaction is declared void under the Act, the property involved in the transaction is forfeited to the government.

What is the definition of 'benami transaction' under the Act?

  1. A transaction in which the real owner of the property is different from the person in whose name the property is held.

  2. A transaction in which the consideration for the transfer of property is paid by a person other than the transferee.

  3. A transaction in which the property is transferred to a person who is not related to the transferor.

  4. All of the above.


Correct Option: D
Explanation:

The definition of 'benami transaction' under the Act includes all of the above.

What is the definition of 'benamidar' under the Act?

  1. A person who holds property in his/her name for the benefit of another person.

  2. A person who transfers property to another person for a consideration.

  3. A person who receives property from another person without paying any consideration.

  4. None of the above.


Correct Option: A
Explanation:

A benamidar is a person who holds property in his/her name for the benefit of another person.

What is the definition of 'beneficial owner' under the Act?

  1. A person who is the real owner of the property.

  2. A person who pays the consideration for the transfer of property.

  3. A person who receives the property from the transferor.

  4. All of the above.


Correct Option: A
Explanation:

A beneficial owner is a person who is the real owner of the property.

What are the consequences of entering into a benami transaction under the Act?

  1. Imprisonment for a term of up to 7 years and a fine of up to Rs. 1 crore.

  2. Forfeiture of the property involved in the transaction to the government.

  3. Both of the above.

  4. None of the above.


Correct Option: C
Explanation:

The consequences of entering into a benami transaction under the Act include both imprisonment for a term of up to 7 years and a fine of up to Rs. 1 crore, as well as forfeiture of the property involved in the transaction to the government.

What are the exceptions to the prohibition on benami transactions under the Act?

  1. Transfer of property to a spouse or child.

  2. Transfer of property to a trust for the benefit of a minor.

  3. Transfer of property to a company or partnership.

  4. All of the above.


Correct Option: D
Explanation:

The exceptions to the prohibition on benami transactions under the Act include transfer of property to a spouse or child, transfer of property to a trust for the benefit of a minor, and transfer of property to a company or partnership.

What is the procedure for attaching benami property under the Act?

  1. The authorities can attach benami property by issuing a provisional attachment order.

  2. The authorities can attach benami property by issuing a final attachment order.

  3. The authorities can attach benami property by both issuing a provisional attachment order and a final attachment order.

  4. None of the above.


Correct Option: C
Explanation:

The authorities can attach benami property by both issuing a provisional attachment order and a final attachment order.

What is the time limit for filing an appeal against an order of attachment of benami property under the Act?

  1. 30 days from the date of the order.

  2. 60 days from the date of the order.

  3. 90 days from the date of the order.

  4. 120 days from the date of the order.


Correct Option: B
Explanation:

The time limit for filing an appeal against an order of attachment of benami property under the Act is 60 days from the date of the order.

What is the penalty for failing to comply with the provisions of the Act?

  1. Imprisonment for a term of up to 3 years and a fine of up to Rs. 50 lakhs.

  2. Imprisonment for a term of up to 1 year and a fine of up to Rs. 25 lakhs.

  3. Both of the above.

  4. None of the above.


Correct Option: C
Explanation:

The penalty for failing to comply with the provisions of the Act includes both imprisonment for a term of up to 3 years and a fine of up to Rs. 50 lakhs, as well as imprisonment for a term of up to 1 year and a fine of up to Rs. 25 lakhs.

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