If you have unexplained cash deposits or are unable to give an explanation for the supply of investments made on your name, then be prepared on your deposits and investments to be treated as benami. In truth, consistent with resources, the Income Tax Department is now scanning the income tax filings of individuals and corporates to examine unexplained credits and may even invoke the Benami Act wherever required. Not best this, many different sorts of transactions and investments are also beneath the I-T lens now.
For example, the tax branch is scanning the information of the property exceeding Rs 30 lakh in price and in instances in which the transaction cost isn’t always matching with the tax profile of the individual, the department may additionally provoke the inquiry beneath the Prohibition of Benami Property Transactions Act, 1988 (PBPT Act). However, there are chances that the assets might also come to be benami for a few technical motives also, like while you aren’t a joint owner of the belongings you’ve got bought on your brother or sister.
Keeping this as well as other developments in view, it’s far in your very own interest no longer to get involved with any deposit, funding or transaction which can’t be defined or which doesn’t suit along with your tax profile.
What is a Benami Transaction?
A benami transaction is a transaction in which the legal owner and payer of a property transaction are two extraordinary folks. As according to the revised provisions, a Benami transaction is:
1. A transaction where a belonging is transferred to or held via one man or woman for direct or indirect, instantaneous or destiny advantage of any other person, who has provided or paid the consideration, except when
i.) An HUF is purchasing assets within the call of a Karta, or every other member from recognized sources;
ii.) A character is preserving the assets in a fiduciary capability (e.G. Trustee, executor, associate of a partnership company, director of an enterprise, a depository player, and so forth.);
iii.) An man or woman is shopping assets inside the name of his spouse or any child, furnished the consideration is paid out of the acknowledged resources;
iv.) Any man or woman is buying assets within the call of his brother or sister or lineal ascendant or descendant, in which he is one of the joint-owners, supplied the consideration is paid out of the known resources;
2. A transaction carried out in a fictitious call; or
three. A transaction where the proprietor of the belongings isn’t always privy to or denies knowledge of such ownership;
4. A transaction where the person providing the consideration isn’t always traceable or is fictitious.
Thus, “any transaction where ownership of any immovable assets is taken as an element performance of a settlement isn’t always a Benami transaction if the settlement is registered and consideration in addition to stamp responsibility have been paid,” says Akhil Chandna, Director, Grant Thornton India LLP.
It should additionally be noted that assets could encompass asset of any kind, whether or not movable or immovable, tangible or intangible, and includes rights or interest as well as proceeds from the assets. Keeping the above in view, here we are taking a look at a few sorts of investments and transactions which might be benami and may get you into hassle under the Benami Act:
1) A non-resident Indian and a resident of Australia presents Rs 1 crore from his NRO account to his resident brother, who similarly invests in the mutual price range, fairness shares of listed business enterprise etc. In his personal call as a single proprietor in India, with an aim to return the present quantity to his brother in future. This is a benami transaction.
2) An Indian resident, conserving a PPF account of Rs 20 lakh inside the call of his granddaughter, who’s a non-resident Indian and a resident of the US, as a single owner is a Benami transaction. Also, it is not criminal as NRIs are not allowed to open a PPF account.
Three) Mr. A, an NRI from the UK, bought a property for Rs 4 crore in India. The payment of Rs 1.6 crore turned into made unofficially in coins and Rs 2.4 crore changed into made officially via cheques. However, handiest Rs 1 crore was paid from his bank account and balance Rs 1.Four crores changed into paid in coins to the builder who arranged cheques of unknown persons. “The documentation consists of cheques’ facts (cheque number, date, quantity) of overall Rs 2.Four crore paid for the property. For the registration, stamp duty price, in addition to in all correspondence and documentation, Rs 2.Four crore was used as professional consideration of belongings, which turned into bought in his name. This is a benami transaction as Rs 1.4 crore was paid from Mr. A’s un-acknowledged assets/ financial institution account,” explains Chandra.
4) An Indian resident invested Rs 10 crore in a financial institution FD inside the call of his married daughter, who’s a Singapore resident. If she has no understanding and denies possession of the FD, then it’s far a benami transaction.
5) Being unable to give an explanation for the supply of investment
The Income Tax Department has lately said that it’s far scanning the tax profiles of all assets registrations above Rs 30 lakh. “The inquiry is being executed under the provisions of the Anti-Benami Act and if those profiles are discovered suspicious or wrong, a motion could be taken. What this means is that in case you aren’t capable of explaining the source of investment made to your name, then you carry the danger of your private home being traded as benami,” says Chetan Chandak, Head of Tax research, H&R Block India.
6) Not buying property on your very own call
Also, if you have bought the belongings within the name of your brother or sister or lineal ascendant or descendant or any other individual, but you are not a joint proprietor of such belongings with that man or woman, then additionally the assets may be declared as benami. To avoid this, technically you must be the joint owner within the belongings file or a present deed ought to be carried out in favor of the man or woman in whose call the belongings is registered.
7) Unexplained coins deposits
If you’ve got unexplained coins deposits or credit to your account, and you’re not able to explain their source to the Income Tax Department, then also you bring the threat of those deposits or credit being declared as benami.
It may be cited that these are only a few types of benami deals and transactions and plenty of greater types of transactions can come beneath the Benami Act now