11. 2026 (8) TMI 817 (SAFEMA – New Delhi)
Smt. Bandana Pattanayak, Shri Anup Majee and Shri Ashok Pattanayak v. Initiating Officer, Kolkata
Date of Order : 09.7.2026
In absence of the means to purchase the property by the Benamidar and in absence of documentary evidence to establish the amount given to the Benamidar as a loan by the Beneficial Owner, the property purchased in the names of the sister and brother in law (benamidars) from the funds transferred by the brother (brother-in-law) will be a Benami Transaction.
The condition regarding future benefit under section 2(9)(A) of the PBPT Act is not confined to a specified period and can take place any time in the future. Moreover, such condition need not be satisfied at the time of provisional attachment.
FACTS
The Appellants are Mr. Anup, Smt. Bandana and Mr. Ashok. It was the case of the Initiating Officer that Mr. Anup, who is the Beneficial Owner herein has purchased three properties in the names of his sister, Smt. Bandana and brother-in-law, Mr. Ashok who are the Benamidars. The consideration for purchase of properties was paid by Mr. Anup. Since the properties were purchased in the names of the sister and the brother in law of the Beneficial Owner, who did not contribute the consideration and otherwise could not show the means to purchase the three properties in a row for ₹2,65,00,000, the proceedings were initiated under the provisions of the PBPT Act.
The Adjudicating Authority, vide order dated 31.05.2025 confirmed the provisional attachment of the properties made under section 26(3) of the PBPT Act.
The Appellant filed appeal before the Tribunal challenging the order of the Adjudicating Authority and contending that:
(i.) The amount for purchase of the properties was transferred by way of a loan and therefore could not be considered as a benami transaction;
(ii.) The Beneficial Owner – Mr. Anup being the brother had a right to transfer the amount to his sister and brother in law out of natural love and affection; and
(iii.) The requirement of future benefit under section 2(9)(A) of the PBPT Act remained to be proved by the Respondent and in absence of the satisfaction of the basic requirement of the definition of Benami Transaction, the transaction was not a Benami Transaction and therefore the order of the Adjudicating Authority confirming provisional attachment deserved to be set aside.
HELD
The Tribunal held that the argument of the Appellant that the amount was transferred as a loan was not supported with any loan document and therefore without any proof. The Tribunal affirmed the finding of the Adjudicating Authority that if the Appellant was within his right to give the amount out of love and affection, the Appellant could have gifted the property instead of transferring the funds for the purchase of the property. The Tribunal also held that the sister and the brother-in-law of the Beneficial Owner did not have the means to purchase the properties in their names. With regard to the contention of the Appellant that the condition regarding the future benefit under section 2(9)(A) was not satisfied, and therefore the transaction was not a Benami Transaction, the Tribunal held that the term ‘future benefit’ under section 2(9)(A) of the Act is without earmarking to any particular period. The benefit can happen or arise any time in future without the limitation of period. The condition regarding future benefit need not necessarily be satisfied at the time of provisional attachment. Further, the records revealed that the Beneficial Owner had availability of unaccounted and undisclosed funds and therefore the same were utilised for his future benefits. Thus, the appeal filed by the Appellants was dismissed.