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The Benami Transactions (Prohibition) Amendment Act, 2016

Description: The Benami Transactions (Prohibition) Amendment Act, 2016 is an important piece of legislation in India that aims to combat the practice of benami transactions, which involve the use of fictitious names to conceal the true ownership of property or assets. This quiz will test your understanding of the key provisions and implications of this Act.
Number of Questions: 15
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Tags: indian law anti-corruption law benami transactions
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What is the primary objective of the Benami Transactions (Prohibition) Amendment Act, 2016?

  1. To promote transparency in property ownership

  2. To prevent the use of black money in real estate transactions

  3. To curb corruption and money laundering

  4. All of the above


Correct Option: D
Explanation:

The Benami Transactions (Prohibition) Amendment Act, 2016 aims to achieve multiple objectives, including promoting transparency in property ownership, preventing the use of black money in real estate transactions, and curbing corruption and money laundering.

Under the Act, what is the definition of a 'benami transaction'?

  1. A transaction where the real owner of a property is concealed

  2. A transaction where the property is purchased in the name of a fictitious person

  3. A transaction where the property is transferred to a person who is not the beneficial owner

  4. All of the above


Correct Option: D
Explanation:

The Benami Transactions (Prohibition) Amendment Act, 2016 defines a 'benami transaction' as a transaction where the real owner of a property is concealed, where the property is purchased in the name of a fictitious person, or where the property is transferred to a person who is not the beneficial owner.

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

  1. Imprisonment for up to 7 years

  2. Fine of up to Rs. 1 crore

  3. Confiscation of the benami property

  4. All of the above


Correct Option: D
Explanation:

The Benami Transactions (Prohibition) Amendment Act, 2016 prescribes stringent consequences for entering into a benami transaction, including imprisonment for up to 7 years, a fine of up to Rs. 1 crore, and confiscation of the benami property.

Which authority is responsible for investigating and adjudicating cases related to benami transactions?

  1. Central Bureau of Investigation (CBI)

  2. Enforcement Directorate (ED)

  3. Income Tax Department

  4. All of the above


Correct Option: D
Explanation:

The Benami Transactions (Prohibition) Amendment Act, 2016 empowers multiple authorities, including the Central Bureau of Investigation (CBI), the Enforcement Directorate (ED), and the Income Tax Department, to investigate and adjudicate cases related to benami transactions.

What is the time limit for filing a complaint under the Benami Transactions (Prohibition) Amendment Act, 2016?

  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 Benami Transactions (Prohibition) Amendment Act, 2016 specifies a time limit of 7 years from the date of the transaction for filing a complaint.

Can a benamidar (the person in whose name the benami property is held) be prosecuted under the Act?

  1. Yes, if they knowingly participated in the benami transaction

  2. No, benamidars are not liable for prosecution

  3. It depends on the specific circumstances of the case

  4. None of the above


Correct Option: A
Explanation:

The Benami Transactions (Prohibition) Amendment Act, 2016 allows for the prosecution of benamidars if they knowingly participated in the benami transaction.

What is the significance of the Benami Transactions (Prohibition) Amendment Act, 2016 in the fight against corruption?

  1. It helps to curb the use of black money in real estate transactions

  2. It discourages the use of benami transactions for money laundering

  3. It promotes transparency in property ownership

  4. All of the above


Correct Option: D
Explanation:

The Benami Transactions (Prohibition) Amendment Act, 2016 plays a crucial role in the fight against corruption by curbing the use of black money in real estate transactions, discouraging the use of benami transactions for money laundering, and promoting transparency in property ownership.

Does the Act provide for any exemptions to the prohibition on benami transactions?

  1. Yes, for agricultural land

  2. Yes, for residential property up to a certain value

  3. Yes, for transactions between close relatives

  4. None of the above


Correct Option: A
Explanation:

The Benami Transactions (Prohibition) Amendment Act, 2016 provides an exemption for agricultural land from the prohibition on benami transactions.

What is the role of the Benami Prohibition Cell in implementing the Act?

  1. To receive and process complaints related to benami transactions

  2. To investigate and adjudicate cases of benami transactions

  3. To coordinate with other authorities involved in the implementation of the Act

  4. All of the above


Correct Option: D
Explanation:

The Benami Prohibition Cell plays a multifaceted role in implementing the Benami Transactions (Prohibition) Amendment Act, 2016, including receiving and processing complaints related to benami transactions, investigating and adjudicating cases of benami transactions, and coordinating with other authorities involved in the implementation of the Act.

How does the Act impact the rights of innocent third parties who may have acquired benami property in good faith?

  1. Their rights are protected if they can prove their good faith

  2. Their rights are not protected, and the property can be confiscated

  3. It depends on the specific circumstances of the case

  4. None of the above


Correct Option: A
Explanation:

The Benami Transactions (Prohibition) Amendment Act, 2016 protects the rights of innocent third parties who may have acquired benami property in good faith, provided that they can prove their good faith.

What is the punishment for abetting or inducing a benami transaction?

  1. Imprisonment for up to 3 years

  2. Fine of up to Rs. 50 lakhs

  3. Both imprisonment and fine

  4. None of the above


Correct Option: C
Explanation:

The Benami Transactions (Prohibition) Amendment Act, 2016 prescribes both imprisonment for up to 3 years and a fine of up to Rs. 50 lakhs for abetting or inducing a benami transaction.

Can benami transactions be used to evade taxes?

  1. Yes, by concealing the true ownership of assets

  2. No, benami transactions are not related to tax evasion

  3. It depends on the specific circumstances of the case

  4. None of the above


Correct Option: A
Explanation:

Benami transactions can be used to evade taxes by concealing the true ownership of assets, thereby avoiding the payment of taxes that would otherwise be due.

What is the significance of the Benami Transactions (Prohibition) Amendment Act, 2016 in promoting transparency in the real estate sector?

  1. It discourages the use of benami transactions for illegal activities

  2. It helps to curb the use of black money in real estate transactions

  3. It promotes transparency in property ownership

  4. All of the above


Correct Option: D
Explanation:

The Benami Transactions (Prohibition) Amendment Act, 2016 plays a significant role in promoting transparency in the real estate sector by discouraging the use of benami transactions for illegal activities, curbing the use of black money in real estate transactions, and promoting transparency in property ownership.

How does the Act address the issue of benami transactions involving foreign entities?

  1. It prohibits foreign entities from entering into benami transactions in India

  2. It requires foreign entities to disclose their beneficial ownership in Indian properties

  3. It allows foreign entities to enter into benami transactions with prior approval

  4. None of the above


Correct Option: B
Explanation:

The Benami Transactions (Prohibition) Amendment Act, 2016 requires foreign entities to disclose their beneficial ownership in Indian properties, thereby addressing the issue of benami transactions involving foreign entities.

What are the challenges in implementing the Benami Transactions (Prohibition) Amendment Act, 2016?

  1. Lack of awareness about the Act among the general public

  2. Difficulties in gathering evidence in benami transaction cases

  3. Inadequate resources for effective implementation

  4. All of the above


Correct Option: D
Explanation:

The implementation of the Benami Transactions (Prohibition) Amendment Act, 2016 faces challenges such as lack of awareness about the Act among the general public, difficulties in gathering evidence in benami transaction cases, and inadequate resources for effective implementation.

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