BENAMI TRANSACTIONS PROHIBITION AMENDMENT ACT, 2016
(1) This Act may be called the Benami Transactions (Prohibition) Amendment Act, 2016.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.
In the Benami Transactions (Prohibition) Act, ( 45 of 1988) 1988 (hereinafter referred to as the principal Act), before section 1, the following heading shall be inserted, namely:-
In section 1 of the principal Act, for sub-section (1), the following sub-section shall be substituted, namely:-
"(1) This Act may be called the Prohibition of Benami Property Transactions Act, (45 of 1988.)1988.".
For section 2 of the principal Act, the following section shall be substituted, namely:-
'2. In this Act, unless the context otherwise requires,-
(1) "Adjudicating Authority" means the Adjudicating Authority appointed under section 7;
(2) "Administrator" means an Income-tax Officer as defined in clause (25) of section 2 of the Income-tax Act, (43 of 1961.) 1961;
(3) "Appellate Tribunal" means the Appellate Tribunal established under section 30;
(4) "Approving Authority" means an Additional Commissioner or a Joint Commissioner as defined in clauses (1C) and (28C) respectively of section 2 of the Income-tax Act, (43 of 1961.) 1961;
(5) "attachment" m
Section 4 of the Benami Transactions Prohibition Amendment Act, 2016, deals with the prohibition of the right to recover property held benami. It forms a core part of the legal framework aimed at curbing benami transactions, which are often used for illegal purposes such as tax evasion, black money concealment, and money laundering.
Section 4 explicitly states that no suit, claim, or action can be instituted to enforce any right in respect of property held benami against the person in whose name the property is held or against any other person. It also bars defenses based on rights in respect of benami property, with specific exceptions for properties held in fiduciary capacity or for the benefit of coparceners in a Hindu undivided family.
In summary, Section 4 of the Benami Transactions Prohibition Amendment Act, 2016, restricts the enforcement of rights in benami properties, with specific exceptions for fiduciary and coparcenary holdings. Its application is prospective, with severe penalties for violations, and it emphasizes strict legal interpretation to achieve its policy objectives.
Before section 3 of the principal Act, the following heading shall be inserted, namely:-
In section 3 of the principal Act,-
(a) sub-section (2) shall be omitted;
(b) sub-section (3) shall be renumbered as sub-section (2) thereof;
(c) after sub-section (2) as so renumbered, the following sub-section shall be inserted, namely:-
"(3) Whoever enters into any benami transaction on and after the date of commencement of the Benami Transactions (Prohibition) Amendment Act, 2016, shall, notwithstanding anything contained in sub-section (2), be punishable in accordance with the provisions contained in Chapter VII.";
(d) sub-section (4) shall be omitted.
In section 4 of the principal Act, sub-section (3) shall be omitted.
For sections 5 and 6 of the principal Act, the following sections shall be substituted, namely:-
"5. Property held benami liable to confiscation.
Any property, which is subject matter of benami transaction, shall be liable to be confiscated by the Central Government.
6. Prohibition on re-transfer of property by benamidar.
(1) No person, being a benamidar shall re-transfer the benami property held by him to the beneficial owner or any other person acting on his behalf.
(2) Where any property is re-transferred in contravention of the provisions ofsub-section (1), the transaction of such property shall be deemed to be null and void.
(3) The provisions of sub
After section 6 of the principal Act, the following shall be inserted, namely:-
7. Adjudicating Authority.
The Central Government shall, by notification, appoint one or more Adjudicating Authorities to exercise jurisdiction, powers and authority conferred by or under this Act.
8. Composition of Authority.
An Adjudicating Authority shall consist of a Chairperson and at least two other Members.
9. Qualifications for appointment of Chairperson and Members.
(1) A person shall not be qualified for appointment as the Chairperson or a Member of the Adjudicating Authority unless he,-
(a) has been a member of the Indian
(1) Subject to the provisions of this Act,-
(a) the jurisdiction of the Adjudicating Authority may be exercised by Benches thereof;
(b) a Bench may be constituted by the Chairperson of the Adjudicating Authority with two Members, as the Chairperson may deem fit;
(c) the Benches of the Adjudicating Authority shall ordinarily sit in the National Capital Territory of Delhi and at such other places as the Central Government may, in consultation with the Chairperson, by notification, specify;
(d) the Central Government shall, by notification, specify the areas in relation to which each Bench of the Adjudicating Authority may exercise jurisdiction.
(2) Notwithstanding anything contained in sub-section (1), the
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The Adjudicating Authority shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908, but shall be guided by the principles of natural 5 of 1908. justice and, subject to the other provisions of this Act, the Authority shall have powers to regulate its own procedure.
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The Chairperson and Members of the Adjudicating Authority shall hold office for a term not exceeding five years from the date on which they enter upon their office, or until they attain the age of sixty-two years, whichever is earlier and shall not be eligible for reappointment.
(1) The salary and allowances payable to, and the other terms and conditions of service of the Chairperson and other Members of the Adjudicating Authority shall be such as may be prescribed.
(2) Any vacancy caused to the office of the Chairperson or any other Member shall be filled up within a period of three months from the date on which such vacancy occurs.
(1) The Central Government may, by order, remove from office, the Chairperson or other Members of the Adjudicating Authority, if the Chairperson or such other Member, as the case may be,-
(a) has been adjudged as an insolvent; or
(b) has been convicted of an offence, involving moral turpitude; or
(c) has become physically or mentally incapable of acting as a Member; or
(d) has acquired such financial or other interest as is likely to affect prejudicially his functions; or
(e) has so abused his position as to render his continuance in office is prejudicial to the public interest.
(2) No Chairperson or Member shall be removed from his office under clause (d) or
(1) In the event of the occurrence of any vacancy in the office of the Chairperson by reason of his death, resignation or otherwise, the seniormost Member shall act as the Chairperson of the Adjudicating Authority until the date on which a new Chairperson, appointed in accordance with the provisions of this Act to fill such vacancy, enters upon his office.
(2) When the Chairperson is unable to discharge his functions owing to absence, illness or any other cause, the seniormost Member shall discharge the functions of the Chairperson until the date on which the Chairperson resumes his duties.
No act or proceeding of the Adjudicating Authority shall be invalid merely by reason of-
(a) any vacancy in, or any defect in the constitution of the Authority; or
(b) any defect in the appointment of a person acting as a Member of the Authority; or
(c) any irregularity in the procedure of the Authority not affecting the merits of the case.
(1) The Central Government shall provide each Adjudicating Authority with such officers and employees as that Government may think fit.
(2) The officers and employees of the Adjudicating Authority shall discharge their functions under the general superintendence of the Chairperson of the Adjudicating Authority.
(1)The following shall be the authorities for the purposes of this Act, namely:-
(a) the Initiating Officer;
(b) the Approving Authority;
(c) the Administrator; and
(d) the Adjudicating Authority.
(2) The authorities shall exercise all or any of the powers and perform all or any of the functions conferred on, or, assigned, as the case may be, to it under this Act or in accordance with such rules as may be prescribed.
(1) The authorities shall, for the purposes of this Act, have the same powers as are vested in a civil court under the Code of Civil Procedure, (5 of 1908.) 1908, while trying a suit in respect of the following matters, namely:-
(a) discovery and inspection;
(b) enforcing the attendance of any person, including any official of a banking company or a public financial institution or any other intermediary or reporting entity, and examining him on oath;
(c) compelling the production of books of account and other documents;
(d) issuing commissions;
(e) receiving evidence on affidavits; and
(f) any other matter which may be prescribed.
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The following officers shall assist the authorities in the enforcement of this Act, namely:-
(a) income-tax authorities appointed under sub-section (1) of section 117 of the Income- tax Act, (43 of 1961) 1961;
(b) officers of the Customs and Central Excise Departments;
(c) officers appointed under sub-section (1) of section 5 of the Narcotic Drugs and Psychotropic Substances Act, (61 of 1985) 1985;
(d) officers of the stock exchange recognised under section 4 of the Securities Contracts (Regulation) Act, (42 of 1956) 1956;
(e) officers of the Reserve Bank of India constituted under sub-section (1) of section 3 of the Reserve Bank of India Act, (2 of 1934) 1934;
(1) The Initiating Officer or the Approving Authority or the Adjudicating Authority shall have power to require any officer of the Central Government or State Government or a local body or any person or officer who is responsible for registering and maintaining books of account or other documents containing a record of any transaction relating to any property or any other person to furnish any information in relation to any person, point or matter as in his opinion shall be useful for or relevant for the purposes of this Act.
(2) Without prejudice to sub-section (1), every officer or person referred to in sub-section (1) shall furnish such information to any authority under this Act in such form and manner as may be prescribed.
(1) Where any books of account or other documents are produced before the authority in any proceedings under this Act and the authority in this behalf has reason to believe that any of the books of account or other documents are required to be impounded and retained for any inquiry under this Act, it may impound and retain the books of account or other documents for a period not exceeding three months from the date of order of attachment made by the Adjudicating Authority under sub-section (3) of section 26:
Provided that the period for retention of the books of account or other documents may be extended beyond a period exceeding three months from the date of order of attachment made by the Adjudicating Authority under sub-section (3) of section 26 where the authority records in writing the reasons for extending the same.
(2) Where the
The Initiating Officer, after obtaining prior approval of the Approving Authority, shall have power to conduct or cause to be conducted any inquiry or investigation in respect of any person, place, property, assets, documents, books of account or other documents, in respect of any other relevant matters under this Act.
(1) Where the Initiating Officer, on the basis of material in his possession, has reason to believe that any person is a benamidar in respect of a property, he may, after recording reasons in writing, issue a notice to the person to show cause within such time as may be specified in the notice why the property should not be treated as property.
(2) Where a notice under sub-section (1) specifies any property as being held by a benamidar referred to in that sub-section, a copy of the notice shall also be issued to the beneficial owner if his identity is known.
(3) Where the Initiating Officer is of the opinion that the person in possession ofthe property held benami may alienate the property during the period specified in the notice, he may, with the previous approval of the Approving Authority, by order in writing, attach provisionally
(1) A notice under sub-section (1) of section 24 may be served on the person named therein either by post or as if it were a summons issued by a Court under the Code of Civil Procedure, (5 of 1908.) 1908.
(2) Any notice referred to in sub-section (1) may be addressed-
(i) in case of an individual, to such individual;
(ii) in the case of a firm, to the managing partner or the manager of the firm;
(iii) in the case of a Hindu undivided family, to Karta or any member of such family;
(iv) in the case of a company, to the principal officer thereof;
(v) in the case of any other association or body of individuals, to the principal officer or any member th
(1) On receipt of a reference under sub-section (5) of section 24, the Adjudicating Authority shall issue notice, to furnish such documents, particulars or evidence as is considered necessary on a date to be specified therein, on the following persons, namely:-
(a) the person specified as a benamidar therein;
(b) any person referred to as the beneficial owner therein or identified as such;
(c) any interested party, including a banking company;
(d) any person who has made a claim in respect of the property:
Provided that the Adjudicating Authority shall issue notice within a period of thirty days from the date on which a reference has been received:
(1) Where an order is passed in respect of any property under sub-section (3) of section 26 holding such property to be a benami property, the Adjudicating Authority shall, after giving an opportunity of being heard to the person concerned, make an order confiscating the property held to be a benami property:
Provided that where an appeal has been filed against the order of the Adjudicating Authority, the confiscation of property shall be made subject to the order passed by the Appellate Tribunal under section 46:
Provided further that the confiscation of the property shall be made in accordance with such procedure as may be prescribed.
(2) Nothing in sub-section (1) shall apply to a property held or acquired by a person from the benamidar for adequate consideration, prior to the issue of no
(1) The Administrator shall have the power to receive and manage the property, in relation to which an order of confiscation under sub-section (1) of section 27 has been made, in such manner and subject to such conditions, as may be prescribed.
(2) The Central Government may, by order published in the Official Gazette, notify as many of its officers as it thinks fit, to perform the functions of Administrators.
(3) The Administrator shall also take such measures, as the Central Government may direct, to dispose of the property which is vested in the Central Government under sub-section (3) of section 27, in such manner and subject to such conditions as may be prescribed.
(1) Where an order of confiscation in respect of a property under sub-section (1) of section 27, has been made, the Administrator shall proceed to take the possession of the property.
(2) The Administrator shall,-
(a) by notice in writing, order within seven days of the date of the serviceof notice to any person, who may be in possession of the benami property, to surrender or deliver possession thereof to the Administrator or any other person duly authorised in writing by him in this behalf;
(b) in the event of non-compliance of the order referred to in clause (a), or if in his opinion, taking over of immediate possession is warranted, for the purpose of forcibly taking over possession, requisition the service of any police officer to assist him and it shall be the duty of the officer to c
The Central Government shall, by notification, establish an Appellate Tribunal to hear appeals against the orders of the Adjudicating Authority under this Act.
(1) The Appellate Tribunal shall consist of a Chairperson and at least two other Members of which one shall be a Judicial Member and other shall be an Administrative Member.
(2) Subject to the provisions of this Act,-
(a) the jurisdiction of the Appellate Tribunal may be exercised by Benches thereof;
(b) a Bench may be constituted by the Chairperson with two Members asthe Chairperson may deem fit;
(c) the Benches of the Appellate Tribunal shall ordinarily sit in the National Capital Territory of Delhi and at such other places as the Central Government may, in consultation with the Chairperson, by notification, specify;
(d) the Central Government shall, by notification, specify the areas in relation t
(1) A person shall not be qualified for appointment as Chairperson of the Appellate Tribunal unless he is a sitting or retired Judge of a High Court, who has completed not less than five years' of service.
(2) A person shall not be qualified for appointment as a Member unless he-
(a) in the case of a Judicial Member, has been a Member of the Indian Legal Service and has held the post of Additional Secretary or equivalent post in that Service;
(b) in the case of an Administrative Member, has been a Member of the Indian Revenue Service and has held the post of Chief Commissioner of Income-tax or equivalent post in that Service.
(3) No sitting Judge of a High Court shall be appointed under this section exceptafter consultation with the Chief Justic
(1) The salary and allowances payable to, and the other terms and conditions of service of the Chairperson and other Members shall be such as may be prescribed and shall not be varied to their disadvantage during their tenure.
(2) Any vacancy caused to the office of the Chairperson or any other Member shall be filled up within a period of three months from the date on which such vacancy occurs.
The Chairperson and Members of the Appellate Tribunal shall hold office for a term not exceeding five years from the date on which they enter upon their office, or until they attain the age of sixty-five years, whichever is earlier and shall not be eligible for reappointment.
(1) The Central Government may, in consultation with the Chief Justice of High Court, remove from office of the Chairperson or any Member, who -
(a) has been adjudged as an insolvent; or
(b) has been convicted of an offence which, in the opinion of the CentralGovernment involves moral turpitude; or
(c) has become physically or mentally incapable; or
(d) has acquired such financial or other interest as is likely to affectprejudicially his functions; or
(e) has so abused his position as to render his continuance in officeprejudicial to the public interest.
(2) The Chairperson or Judicial Member shall not be removed from his officeexcept by an order made by th
No act or proceeding of the Appellate Tribunal shall be invalid merely by reason of-
(a) any vacancy in, or any defect in the constitution of the Tribunal; or
(b) any defect in the appointment of a person acting as a Member of theTribunal; or
(c) any irregularity in the procedure of the Tribunal not affecting the meritsof the case.
The Chairperson or any other Member may, by notice in writing under his hand addressed to the Central Government, resign his office:
Provided that the Chairperson or any other Member shall, unless he is permitted by the Central Government to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of the notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is earlier.
(1) In the event of the occurrence of any vacancy in the office of the Chairperson of the Appellate Tribunal by reason of his death, resignation or otherwise, the senior-most Member shall act as the Chairperson until the date on which a new Chairperson, appointed in accordance with the provisions of this Act to fill such vacancy, enters upon his office.
(2) When the Chairperson is unable to discharge his functions owing to absence,illness or any other cause, the senior-most Member shall discharge the functions of the Chairperson until the date on which the Chairperson resumes his duties.
(1) The Central Government shall provide the Appellate Tribunal with such officers and employees as it may thinks fit.
(2) The officers and employees of the Appellate Tribunal shall discharge their functions under the general superintendence of the Chairperson.
(3) The salaries and allowances and other conditions of service of the officersand employees of the Appellate Tribunal shall be such, as may be prescribed.
(1) The Appellate Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure, (5 of 1908) 1908, but shall be guided by the principles of natural justice and, subject to the other provisions of this Act, the Appellate Tribunal shall have powers to regulate its own procedure.
(2) The Appellate Tribunal shall, for the purposes of discharging its functions under this Act, have the same powers as are vested in a civil court under the Code of Civil Procedure, (5 of 1908)1908 while trying a suit, in respect of the following matters, namely:-
(a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of documents;
(c) receiving evidence on affidavits;
(d) subjec
Where any Benches are constituted, the Chairperson may, from time to time, by notification, make provision as to the distribution of the business of the Appellate Tribunal amongst the Benches and also provide for the matters which may be dealt with by each Bench.
On the application of any of the parties and notice to the parties, and after hearing them, or on his own motion without any notice, the Chairperson of the Appellate Tribunal may transfer any case pending before one Bench, for disposal, to any other Bench.
If the Members of a Bench consisting of two Members differ in opinion on any point, they shall state the point or points on which they differ, and make a reference to the Chairperson of the Appellate Tribunal who shall either hear the point or points himself or refer the case for hearing on the point or points by one or more of the other Members and the point or points shall be decided according to the opinion of the majority of the Members of the Appellate Tribunal who have heard the case, including those who first heard it.
The Chairperson, Members and other officers and employees of the Appellate Tribunal, the Adjudicating Authority, Approving Authority, Initiating Officer, Administrator and the officers subordinate to all of them shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code. (45 of 1860)
No civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which any of the authorities, an Adjudicating Authority or the Appellate Tribunal is empowered by or under this Act to determine, and no injunction shall be granted by any court or other forum in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act.
Legal Comments
Section - Definition change - The 2016 amendment expanded the definition of benami transaction (Section 2(9)) and curtailed exemptions, making many pre-2016 arrangements potentially within scope; but several Supreme Court rulings hold that the amended provisions are prospective and not retroactive for pre-2016 transactions. [ sources: "Dr. Ravichander VS Karunakaran and others"; "Neopride Pharmaceuticals Limited VS Adjudicating Authority"; "C. C. Joy, S/o. C. O. Chakkunny VS C. D. Mini, D/o. Late C. L. Devassy" ]
Prospective only - Major Supreme Court jurisprudence consistently holds that the 2016 amendments are not to be applied to transactions completed before the amendment’s effective date (November 1, 2016). [ "Neopride Pharmaceuticals Limited VS Adjudicating Authority"; "Ganpati Dealcom Pvt. Ltd. VS Union of India"; "Niharika Jain VS Union of India" ]
Show cause/provisional attachment - The Act authorizes show-cause notices and provisional attachment under Section 24, but post-2016 amendments cannot be used to retroactively penalize pre-2016 acts; such notices in relation to pre-2016 transactions have been quashed in several cases. [ "02100016230"?; "V. Vasanthakumar VS Union of India, Rep. by its Secretary, Department of Revenue, New Delhi"; "Neopride Pharmaceuticals Limited VS Adjudicating Authority" ]
Retroactivity vs. curative/procedural - Courts treat the 2016 amendments as substantive (confiscation) or procedural in parts; several judgments emphasize prospective application for penal consequences, while some analyses discuss curative aspects due to earlier gaps. [ "ATUL MAINI CHOPRA VS ADARSH BHALLA"; "BASANTI MAJUMDAR VS STATE OF WEST BENGAL"; "Aparna Sharma VS Sidhartha Sharma" ]
Right to recover benami property - Section 4 originally barred real owners from recovering benami property; post-2016, the emphasis is on the new regime with confiscation rather than acquisition, and the retroactive application is generally rejected. [ "Dr. Ravichander VS Karunakaran and others"; "C. C. Joy, S/o. C. O. Chakkunny VS C. D. Mini, D/o. Late C. L. Devassy"; "Dr. Ravichander VS Karunakaran and others" ]
Sham vs benami transactions - The Act restricts benami arrangements but expressly excludes sham/nominal transactions from the benami category; Courts routinely clarify that sham transactions are not within Section 2(a) as defined after amendment. [ "N. Govindarajan VS The Indian Overseas Bank, Pondicherry, by its Accountant"; "Dr. Ravichander VS Karunakaran and others"; "Dr. Ravichander VS Karunakaran and others" ]
Coparcener and fiduciary exceptions - The pre-2016 exemptions under Section 4(3) (coparcener and fiduciary capacity) were narrowed/retrofitted into the amended Section 2(9)(A)(b); modern readings preserve limited fiduciary protections but abolish broad exemptions, subject to prospective application. [ "Aparna Sharma VS Sidhartha Sharma"; "Niharika Jain VS Union of India"; "S. K. A. Noorjahan Beevi VS M. Mohammed Jamil" ]
Retrospective judgments on old suits - Several appellate courts have held that suits filed before the 2016 amendment must be decided under the law operative at filing; retroactive application is not presumed unless expressly stated. [ "Dr. Ravichander VS Karunakaran and others"; "Krishna Sudama Marketing Private Limited VS Union of India"; "Venkubai W/o. Ganapati Shanbhag vs Jyoti W/o. Ravindra Shanbhag" ]
Constitutional framing and Article 20(1) - The Supreme Court has linked retroactivity with constitutional protections; post-2016 penalties cannot be retroactively applied absent explicit statutory language; some reviews have revisited these positions in light of recalls. [ "Union of India VS Ganpati Dealcom Pvt. Ltd. "; "BASANTI MAJUMDAR VS STATE OF WEST BENGAL"; "Nexus Feeds Limited VS Assistant Commissioner of Income Tax" ]
Jurisdictional limits on proceedings - Writ petitions challenging pre-2016 actions have often succeeded in quashing show-cause/attachment orders; courts stress that proceedings must proceed under the law as in force when the act occurred. [ "Sonia (Dr.) vs Jagat Singh Gahlot"; "Neopride Pharmaceuticals Limited VS Adjudicating Authority"; "Dr. Ravichander VS Karunakaran and others" ]
Dependency on the date of transaction - A central theme is whether the transaction occurred before or after November 1, 2016; this date governs applicability of substantive provisions, especially confiscation, and the right to proceed with penalties. [ "Neopride Pharmaceuticals Limited VS Adjudicating Authority"; "V.J. Kurian, S/o. V.J. Joseph vs State Of Kerala, Represented By Public Prosecutor, High Court Of Kerala, Ernakulam"; "Niharika Jain VS Union of India" ]
Section 53–55 (penalties) prospective - The enhanced penalties introduced by the 2016 amendment (Chapter VII) apply prospectively; pre-2016 benami transactions face penalties under the old regime. [ "Kalpana Balupuri Butta VS Pritendra Kumar Butta"; "Shanthi VS K. Senthil Kumar"; "Nexus Feeds Limited VS Assistant Commissioner of Income Tax" ]
Section 24 procedural framework - While Section 24 provides for notice and attachment, the procedural steps under the amended Act are to be read prospectively; pre-2016 transactions cannot be retroactively attached or penalized purely under amended procedures. [ "Banamali Das, S/o. Lt. Rajen Das VS Deputy Commissioner Of Income Tax (BPU), Guwahati, O/O Deputy Commissioner Of Income Tax (BP), Guwahati"; "Niharika Jain VS Union of India"; "Krishna Sudama Marketing Private Limited VS Union of India" ]
Appellate/Tribunal remedies - The amended Act creates tribunals and appellate avenues; courts emphasize exhausting statutory remedies before invoking High Court writs, reinforcing the prospective nature of amendments. [ "Sita Devi VS Deputy Commissioner Income Tax (Benami Transaction)"; "Niharika Jain VS Union of India" ]
Beneficial owner and real owner dichotomy - The amended definitions continue to distinguish beneficial owner from benamidar, with the real owner’s rights increasingly restricted for pre-2016 matters, but enforceability remains subject to non-retroactivity. [ "Meera Pandey Thru. Her Attorney VS Union Of India"; "S. K. A. Noorjahan Beevi VS M. Mohammed Jamil"; "Tulsiram VS Assistant Commissioner Of Income Tax" ]
Shifting regime from acquisition to confiscation - The 2016 Act shifts from government acquisition without compensation to confiscation; this policy shift is treated as prospective, aligning with constitutional constraints on retroactive criminal statutes. [ "V.J. Kurian, S/o. V.J. Joseph vs State Of Kerala, Represented By Public Prosecutor, High Court Of Kerala, Ernakulam"; "Nexus Feeds Limited VS Assistant Commissioner of Income Tax"; "Union of India VS Ganpati Dealcom Pvt. Ltd. " ]
Jurisprudential harmony across courts - Across multiple high courts, the prevailing stance remains: apply the amended regime to transactions from 1.11.2016 onward; earlier transactions fall under the pre-amendment law, subject to its limitations and defenses. [ "Ganpati Dealcom Pvt. Ltd. VS Union of India"; "Neopride Pharmaceuticals Limited VS Adjudicating Authority"; "Dr. Ravichander VS Karunakaran and others" ]
Essential caution for practitioners - For pending matters, argue prospective applicability and rely on landmark rulings that preclude retroactive prosecutions or confiscations for pre-amendment transactions; keep track of whether the enforcement action targets post-2016 benami arrangements. [ "Neopride Pharmaceuticals Limited VS Adjudicating Authority"; "Niharika Jain VS Union of India"; "S. K. A. Noorjahan Beevi VS M. Mohammed Jamil" ]
Summary takeaway - Section 45 (if intended as a cross-reference in related acts) interacts with retroactivity principles as discussed in the Ganpati Dealcom line of cases; the core thrust is that amended benami provisions are generally prospective and cannot nullify rights or punish past conduct absent clear statutory language. [ "Ganpati Dealcom Pvt. Ltd. VS Union of India"; "Neopride Pharmaceuticals Limited VS Adjudicating Authority" ]
Note: The sources cited reflect a range of cases and scholarly summaries on the Benami Transactions Prohibition Act, 1988 and its 2016 Amendment Act, with particular emphasis on issues of retroactivity, define-benami, penalties, and procedural aspects. Where sources disagree or provide nuanced divergence (e.g., recall petitions or later Supreme Court clarifications), the dominant consensus reflected herein is the prospective nature of the 2016 amendments for pre-2016 transactions. For precise citations, consult the specific cases referenced in each bullet.
(1) Any person, including the Initiating Officer, aggrieved by an order of the Adjudicating Authority may prefer an appeal in such form and along with such fees, as may be prescribed, to the Appellate Tribunal against the order passed by the Adjudicating Authority under sub-section (3) of section 26, within a period of forty-five days from the date of the order.
(2) The Appellate Tribunal may entertain any appeal after the said period of forty-five days, if it is satisfied that the appellant was prevented, by sufficient cause, from filing the appeal in time.
(3) On receipt of an appeal under sub-section (1), the Appellate Tribunal may, after giving the parties to the appeal an opportunity of being heard, pass such orders thereon as it thinks fit.
(4) An Appellate Tribunal while deciding the
(1) The Appellate Tribunal or the Adjudicating Authority may, in order to rectify any mistake apparent on the face of the record, amend any order made by it under section 26 and section 46 respectively, within a period of one year from the end of the month in which the order was passed.
(2) No amendment shall be made under sub-section (1), if the amendment is likely to affect any person prejudicially, unless he has been given notice of intention to do so and has been given an opportunity of being heard.
(1) A person preferring an appeal to the Appellate Tribunal under this Act may either appear in person or take the assistance of an authorised representative of his choice to present his case before the Appellate Tribunal.
(2) The Central Government may authorise one or more of its officers to act aspresenting officers on its behalf, and every person so authorised may present the case with respect to any appeal before the Appellate Tribunal.
Explanation.-For the purposes of this section, "authorised representative" means a person authorised by the appellant in writing to appear on his behalf, being-
(i) a person related to the appellant in any manner, or a person regularly employed by the appellant; or
(ii) any officer of a scheduled bank with w
(1) Any party aggrieved by any decision or order of the Appellate Tribunal may file an appeal to the High Court within a period of sixty days from the date of communication of the decision or order of the Appellate Tribunal to him on any question of law arising out of such order.
(2) The High Court may entertain any appeal after the said period of sixty days,if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the period specified in sub-section (1).
(3) Where the High Court is satisfied that a substantial question of law is involvedin any case, it shall formulate that question.
(4) The appeal shall be heard only on the question so formulated, and therespondents shall, at the hearing of the appeal, be allowed to argue that the case does not i
(1) The Central Government, in consultation with the Chief Justice of the High Court, shall, for trial of an offence punishable under this Act, by notification, designate one or more Courts of Session as Special Court or Special Courts for such area or areas or for such case or class or group of cases as may be specified in the notification.
(2) While trying an offence under this Act, a Special Court shall also try an offence other than an offence referred to in sub-section (1), with which the accused may, under the Code of Criminal Procedure, (2 of 1974) 1973, be charged at the same trial.
(3) The Special Court shall not take cognizance of any offence punishable under this Act except upon a complaint in writing made by-
(i) the authority; or
(ii
(1) Save as otherwise provided in this Act, the provisions of the Code of Criminal Procedure, (2 of 1974.) 1973, shall apply to the proceedings before a Special Court and the persons conducting the prosecution before the Special Court, shall be deemed to be Public Prosecutors:
Provided that the Central Government may also appoint for any case or class or group of cases, a Special Public Prosecutor.
(2) A person shall not be qualified to be appointed as a Public Prosecutor or a Special Public Prosecutor under this section unless, the Public Prosecutor has been in practice as an advocate for not less than seven years, and the Special Public Prosecutor has been in practice as an advocate for not less than ten years in any court.
(3) Every person appointed as a Public Prosecutor or a Special Pu
The High Court may exercise, so far as may be applicable, all the powers conferred by Chapter XXIX or Chapter XXX of the Code of Criminal Procedure, (2 of 1974) 1973, on a High Court, as if a Special Court within the local limits of the jurisdiction of the High Court were a Court of Session trying cases within the local limits of the jurisdiction of the High Court.
(1) Where any person enters into a benami transaction in order to defeat the provisions of any law or to avoid payment of statutory dues or to avoid payment to creditors, the beneficial owner, benamidar and any other person who abets or induces any person to enter into the benami transaction, shall be guilty of the offence of benami transaction.
(2) Whoever is found guilty of the offence of benami transaction referred to in sub-section (1) shall be punishable with rigorous imprisonment for a term which shall not be less than one year, but which may extend to seven years and shall also be liable to fine which may extend to twenty-five per cent. of the fair market value of the property.
Legal Comments
“Intro: Prospective only” - The Benami Transactions Prohibition Amendment Act, 2016 (Amendment Act) and its Section 53 penalties apply prospectively; retroactive application to pre-amend transactions is rejected by Supreme Court decisions such as Ganpati Dealcom and related rulings cited in sources [["Rajesh Katyal vs Income Tax Department, New Delhi - Delhi (2022)"], ["Ganpati Dealcom Pvt. Ltd. VS Union of India - 2019 0 Supreme(Cal) 749"], ["Nexus Feeds Limited VS Assistant Commissioner of Income Tax - 2022 0 Supreme(Telangana) 125"]].
“Section 53 – Penalty” - Section 53 prescribes penalties for benami transactions; post-2016 amendments impose stricter penalties (Chapter VII) for transactions entered into after the amendment, while earlier periods remain governed by pre-amendment provisions for those acts [("Nexus Feeds Limited VS Assistant Commissioner of Income Tax - 2022 0 Supreme(Telangana) 125"), ("Aparna Sharma VS Sidhartha Sharma - 2018 0 Supreme(Del) 703")].
“Essential ingredients – benami” - Benami transaction defined in amended Act as (i) property transferred/held by one person with consideration provided by another, and (ii) held for immediate/future benefit of the person who provided the consideration; exceptions include fiduciary relations, coparceners, etc., as clarified in Section 2(9) and related explanations [("Mohan Singh VS Vidya Devi - 2010 0 Supreme(HP) 991"), ("OMPRAKASH DUBEY VS KAPURI BAI - 2011 0 Supreme(Chh) 350"), ("Sandeep Miglani VS Union Of India Thru. Deputy Commissioner Of Income Tax Kanpur - 2024 0 Supreme(All) 951")].
“Fiduciary/exception carve-outs” - The amended definition retains certain fiduciary exceptions but narrows or relocates certain exemptions (e.g., Section 4(3) concepts moved into Section 2(9)); courts analyze whether a given arrangement falls under fiduciary/coprparcener exemptions or not [("Sonia (Dr.) vs Jagat Singh Gahlot - Delhi (2022)"), ("Mohan Singh VS Vidya Devi - 2010 0 Supreme(HP) 991"), ("V.J. Deenadayalan vs Jayamani - 2025 Supreme(Online)(MAD) 8876")].
“Retroactivity/Non-retroactivity principle” - Multiple cases hold that the 2016 Amendment Act’s substantive provisions are prospective; pre-2016 transactions cannot be criminally punished or confiscated under amended provisions; the tribunals/quasi-judicial authorities must apply the law as of the date of the transaction or date of amendment’s effect, as clarified in Ganpati Dealcom and Nexus/NCR decisions [("Nexus Feeds Limited VS Assistant Commissioner of Income Tax - 2022 0 Supreme(Telangana) 125"), ("Ganpati Dealcom Pvt. Ltd. VS Union of India - 2019 0 Supreme(Cal) 749"), ("Neopride Pharmaceuticals Limited VS Adjudicating Authority - 2022 0 Supreme(Telangana) 554")].
“Show cause/attachment – Section 24” - Section 24 introduces show-cause, provisional attachment, and adjudication procedures for benami properties under the Amendment Act; however, courts emphasize prospective application and caution against retroactive attachment for pre-amendment transactions [("Sita Devi VS Deputy Commissioner Income Tax (Benami Transaction) - 2023 0 Supreme(Raj) 1737"), ("C. C. Joy, S/o. C. O. Chakkunny VS C. D. Mini, D/o. Late C. L. Devassy - 2022 0 Supreme(Ker) 347"), ("Neopride Pharmaceuticals Limited VS Adjudicating Authority - 2022 0 Supreme(Telangana) 554")].
“Scope ratione – pending suits” - Courts have held that pending suits and pre-amendment transactions cannot be retroactively challenged under amended sections; retroactivity is limited to procedural framing for post-2016 acts; see decisions on retroactive reach to pending matters [("N. Govindarajan VS The Indian Overseas Bank, Pondicherry, by its Accountant - 1991 0 Supreme(Mad) 393"), ("Saudi Pradhan VS Joint Commissioner, Settlement - 2019 0 Supreme(Ori) 334"), ("Nexus Feeds Limited VS Assistant Commissioner of Income Tax - 2022 0 Supreme(Telangana) 125")].
“Civil vs criminal consequences” - Amendment Act distinguishes between civil confiscation mechanisms and criminal penalties; while Section 53 prescribes criminal penalties, post-amendment confiscation regimes are procedural in nature but substantive in effect; courts analyze this for retroactivity and Article 20(1) protections [("Union of India VS Ganpati Dealcom Pvt. Ltd. - 2024 0 Supreme(SC) 1375"), ("Niharika Jain VS Union of India - 2019 0 Supreme(Raj) 1137")].
“Interpretation of Section 4 pre/post amendment” - Pre-amendment Section 4 barred recovery of benami property; post-amendment, Section 2(9) consolidates the protections and limitations; courts often examine whether a particular plaintiff’s claim falls within pre- or post-amendment regimes, including whether the plaintiff’s suit is barred by Section 4(1)-(2) [("Krishna Sudama Marketing Private Limited VS Union of India - 2024 0 Supreme(Cal) 339"), ("S. C. MEHTA VS P. K. WADHWA - 2003 0 Supreme(Del) 1101"), ("S. K. A. Noorjahan Beevi VS M. Mohammed Jamil - 2021 0 Supreme(Mad) 3265")].
“Sham vs benami distinction” - Several decisions differentiate sham/nominal transactions from true benami; sham transactions are generally not covered by the Act’s benami definition post-amendment, affecting the viability of certain claims [("N. Govindarajan VS The Indian Overseas Bank, Pondicherry, by its Accountant - 1991 0 Supreme(Mad) 393"), ("Bhargavy VS Janaki - 1994 0 Supreme(Ker) 207"), ("Urvara Agro Biotech Pvt. Ltd VS Dy. Commissioner of Income Tax, Bhubaneswar - 2022 0 Supreme(Ori) 514")].
“Coparcener and HUF considerations” - The 2016 amendment removed or narrowed certain exemptions for coparceners and HUF; after amendment, these claims face tighter scrutiny and potential disqualification under Section 4/2(9) considerations in light of Mangathai Ammal and Binapani Paul line of authorities [("S. K. A. Noorjahan Beevi VS M. Mohammed Jamil - 2021 0 Supreme(Mad) 3265"), ("Meera Pandey Thru. Her Attorney VS Union Of India - 2024 0 Supreme(All) 653"), ("Shailesh Kumar vs Vibha Gupta - 2025 0 Supreme(All) 3468")].
“Constitutional validity – Article 20(1)” - Pre- and post-amendment challenges have been considered in several petitions; some judgments initially criticized Section 3(2) as unconstitutional but were later recalled or overridden by subsequent rulings, illustrating unsettled jurisprudence on retrospective criminal penalties and confiscation; see references to Mangathai Ammal and Union of India v Ganpati Dealcom line of authorities [("Union Of India VS Ganpati Dealcom Pvt. Ltd. - 2022 0 Supreme(SC) 843"), ("Meera Pandey Thru. Her Attorney VS Union Of India - 2024 0 Supreme(All) 653"), ("Nexus Feeds Limited VS Assistant Commissioner of Income Tax - 2022 0 Supreme(Telangana) 125")].
“Limitations – Article 113 of Limitation Act” - Amendments addressing limitation interplay with benami amendments exist in some cases; but generally, benami actions are not barred by limitation in the same way as other civil actions; court treatment varies by case specifics [("Mohan Singh VS Vidya Devi - 2010 0 Supreme(HP) 991"), ("Aparna Sharma VS Sidhartha Sharma - 2018 0 Supreme(Del) 703"), ("ANIL BHASIN VS VIJAY KUMAR BHASIN - 2002 0 Supreme(Del) 1807")].
“Practical impediments – retroactive penalties” - Several judgments stress that retroactive imposition of penalties for pre-amendment acts would be arbitrary; hence, amendments are designed to be curative or procedural with retrospective effect sometimes acknowledged only in procedural aspects, while substantive penalties are prospective [("Niharika Jain VS Union of India - 2019 0 Supreme(Raj) 1137"), ("Union of India VS Ganpati Dealcom Pvt. Ltd. - 2024 0 Supreme(SC) 1375"), ("Nexus Feeds Limited VS Assistant Commissioner of Income Tax - 2022 0 Supreme(Telangana) 125")].
“Adjudicating Authority – Section 26(3)” - Post-attachment adjudication requires proper service and hearing; courts caution that final orders depend on evidence and case-specific facts; the appellate framework under the Amendment Act is to be exhausted before invoking High Court jurisdiction in many cases [("Sita Devi VS Deputy Commissioner Income Tax (Benami Transaction) - 2023 0 Supreme(Raj) 1737"), ("S. K. A. Noorjahan Beevi VS M. Mohammed Jamil - 2021 0 Supreme(Mad) 3265"), ("Nexus Feeds Limited VS Assistant Commissioner of Income Tax - 2022 0 Supreme(Telangana) 125")].
“Remedies after amendment – petitions and review” - Several petitions note that remedies under the amended Act are available, including appeals under the Adjudicating Authority and Appellate Tribunal, with the option to file for condonation of delay; courts emphasize exhaustion of statutory remedies before invoking writ petitions [("Sita Devi VS Deputy Commissioner Income Tax (Benami Transaction) - 2023 0 Supreme(Raj) 1737"), ("Niharika Jain VS Union of India - 2019 0 Supreme(Raj) 1137"), ("S. K. A. Noorjahan Beevi VS M. Mohammed Jamil - 2021 0 Supreme(Mad) 3265")].
“Key take-away” - Section 53 (as amended) and Section 24–26 framework create a comprehensive procedural-penal regime for benami properties; however, the core principle remains that amendments are generally prospective and cannot be used to penalize or confiscate past benami transactions except under carefully applied transitional rules and where the Supreme Court has allowed limited retrospective or curative interpretations in certain circumstances [("Neopride Pharmaceuticals Limited VS Adjudicating Authority - 2022 0 Supreme(Telangana) 554"), ("V.J. Deenadayalan vs Jayamani - 2025 Supreme(Online)(MAD) 8876"), ("Union of India VS Ganpati Dealcom Pvt. Ltd. - 2024 0 Supreme(SC) 1375")].
“Practical guidance for practitioners” - When dealing with a benami claim, assess (a) date of transaction relative to 2016 amendment, (b) whether the transaction falls within the amended definition of benami, (c) whether the bar in Section 4 applies, and (d) whether any exceptions under Section 2(9) or transitional provisions might apply; consider the prospective nature of penalties and the need to pursue statutory remedies before court challenges [("Mohan Singh VS Vidya Devi - 2010 0 Supreme(HP) 991"), ("Krishna Sudama Marketing Private Limited VS Union of India - 2024 0 Supreme(Cal) 339"), ("Aparna Sharma VS Sidhartha Sharma - 2018 0 Supreme(Del) 703"), ("Niharika Jain VS Union of India - 2019 0 Supreme(Raj) 1137")].
Any person who is required to furnish information under this Act knowingly gives false information to any authority or furnishes any false document in any proceeding under this Act, shall be punishable with rigorous imprisonment for a term which shall not be less than six months but which may extend to five years and shall also be liable to fine which may extend to ten per cent. of the fair market value of the
property .
No prosecution shall be instituted against any person in respect of any offence under sections 3, 53 or section 54 without the previous sanction of the Board.'.
10. Substitution of new Chapter VIII for sections 7 and 8.
For sections 7 and 8 of the principal Act, the following shall be substituted, namely:-
(1) Sections 81, 82 and 94 of the Indian Trusts Act, (2 of 1882) 1882, section 66 of the Code of Civil Procedure, (5 of 1908)1908 and section 281A of the Income-tax Act, (43 of 1961.) 1961, are hereby repealed.
(2) For the removal of doubts, it is hereby declared that nothing in sub-section (1) shall affect the continued operation of section 281A of the Income-tax Act, (43 of 1961) 1961 in the State of Jammu and Kashmir.
Notwithstanding anything contained in the Transfer of the Property Act,( 4 of 1882.) 1882 or any other law for the time being in force, where, after the issue of a notice under section 24, any property referred to in the said notice is transferred by any mode whatsoever, the transfer shall, for the purposes of the proceedings under this Act, be ignored and if the property is subsequently confiscated by the Central Government under section 27, then, the transfer of the property shall be deemed to be null and void.
(1) The Central Government may, by notification, exempt any property relating to charitable or religious trusts from the operation of this Act.
(2) Every notification issued under sub-section (1) shall be laid before each House of Parliament.
(1) The Central Government may, from time to time, issue such orders, instructions or directions to the authorities or require any person to furnish information as it may deem fit for the proper administration of this Act and such authorities and all other persons employed in execution of this Act shall observe and follow the orders, instructions and directions of the Central Government.
(2) In issuing the directions or orders referred to in sub-section (1), the Central Government may have regard to anyone or more of the following criteria, namely:-
(a) territorial area;
(b) classes of persons;
(c) classes of cases; and
(d) any other criterion that may be specified by the Central Government inthis behal
The provisions of this Act shall be in addition to, and not, save as hereinafter expressly provided, in derogation of any other law for the time being in force.
Notwithstanding anything contained in the Code of Criminal Procedure, (2 of 1974) 1973, an offence under this Act shall be non-cognizable.
(1) Where a person committing contravention of any of the provisions of this Act or of any rule, direction or order made thereunder is a company, every person who, at the time the contravention was committed, was in charge of, and was responsible to, the company, for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly.
(2) Nothing contained in sub-section (1), shall render any person liable to punishment if he proves that the contravention took place without his knowledge.
(3) Notwithstanding anything contained in sub-section (1), where a contravention of any of the provisions of this Act or of any rule, direction or order made thereunder has been committed by a company and it is proved that the contrave
No notice, summons, order, document or other proceeding, furnished or made or issued or taken or purported to have been furnished or made or issued or taken in pursuance of any of the provisions of this Act shall be invalid, or shall be deemed to be invalid merely by reason of any mistake, defect or omission in the notice, summons, order, document or other proceeding if the notice, summons, order, document or other proceeding is in substance and effect in conformity with or according to the intent and purpose of this Act.
No prosecution, suit or other proceeding shall lie against the Government orany officer of the Government or the Appellate Tribunal or the Adjudicating Authority established under this Act, for anything done or intended to be done in good faith under this Act.
(1) Every suit or proceeding in respect of a benami transaction pending in any Court (other than a High Court) or Tribunal or before any forum on the date of the commencement of this Act shall stand transferred to the Adjudicating Authority or the Appellate Tribunal, as the case may be, having jurisdiction in the matter.
(2) Where any suit, or other proceeding stands transferred to the Adjudicating Authority or the Appellate Tribunal under sub-section (1),-
(a) the court, Tribunal or other forum shall, as soon as may be, after thetransfer, forward the records of the suit, or other proceeding to the Adjudicating Authority or the Appellate Tribunal, as the case may be;
(b) the Adjudicating Authority may, on receipt of the records, proceed to deal with the suit, or other proceeding, so far as
The Benami Transactions (Prohibition) Amendment Act, 2016, was enacted to strengthen the legal framework against benami transactions, which are transactions where property is held by one person for the benefit of another. Section 65 specifically addresses the handling of pending cases related to benami transactions.
Section 65 provides for the transfer of pending cases concerning benami transactions from lower courts to the appropriate authority or tribunal. It aims to streamline the adjudication process and ensure that such cases are dealt with efficiently.
The scope of Section 65 is limited to pending cases and does not apply to new cases or transactions that arise after the enactment of the amendment. It is designed to ensure that existing disputes are resolved under the new legal framework.
While Section 65 itself does not prescribe punishment, it is part of a broader legislative framework that includes penalties for engaging in benami transactions, which can include imprisonment and fines.
(1) Where a person dies during the course of any proceeding under this Act, any proceeding taken against the deceased before his death shall be deemed to have been taken against the legal representative and may be continued against the legal representative from the stage at which it stood on the date of the death of the deceased.
(2) Any proceeding which could have been taken against the deceased if he had survived may be taken against the legal representative and all the provisions of this Act, except sub-section (2) of section 3 and the provisions of Chapter VII, shall apply accordingly.
(3) Where any property of a person has been held benami under sub-section (3) of section 26, then, it shall be lawful for the legal representative of the person to prefer an appeal to the Appellate Tribunal, in place of the person and the provisions
The provisions of this Act shall have effect, notwithstanding anything Act to have inconsistent therewith contained in any other law for the time being in force.
(1) The Central Government may, by notification, make rules for carrying out Power to the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
(a) manner of ascertaining the fair market value under clause 16 of section 2;
(b) the manner of appointing the Chairperson and the Member of the Adjudicating Authorities under sub-section (2) of section 9;
(c) the salaries and allowances payable to the Chairperson and the Members of the Adjudicating Authority under sub-section (1) of section 13;
(d) the powers and functions of the authorities under sub-section (2) of section 18;
Every rule made and notification issued under this Act shall be laid, as soon Laying of as may be after it is made or issued, before each House of Parliament, while it is in rules and session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rules or notifications, as the case may be, both Houses agree that the rules or notifications, as the case may be, should not be made or issued, the rule or notification, as the case may be, shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notification, as the case may be.
(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to be necessary for removing the difficulty.
(2) No order shall be made under this section after the expiry of two years from the commencement of this Act.
(3) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.
The Central Government may, by notification, provide that until the Adjudicating Authorities are appointed and the Appellate Tribunal is established under this Act, the Adjudicating Authority appointed under sub-section (1) of section 6 of the Money-Laundering Act, (15 of 2003.) 2002 and the Appellate Tribunal established under section 25 of that Act may discharge the functions of the Adjudicating Authority and Appellate Tribunal, respectively, under this Act.'.
11. Amendment of section 9.
Section 9 of the principal Act shall be renumbered as section 72 thereof.
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