Company act

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

05 May 2012 if a company purchase a property in the name of the Director as "A.B.C. Dirctor of XYZ Co." and the payment is made by company,
whether this transaction is Benami?

and if property is purchased in personal capacity of Director and the payment is made by Company.
Whether this will amount to Benami?

CA Nikhil Bhansali

CA Nikhil Bhansali (Expert)
Follow

24 November 2012 Having the same doubt

Asha Kanta Sharma

Asha Kanta Sharma

(Expert)
Follow

19 July 2024 The concept of Benami transactions in India is governed by the Benami Transactions (Prohibition) Act, 1988, as amended from time to time. Here’s how it applies to the scenarios you mentioned:

1. **Property purchased in the name of Director but payment made by the Company:**

- If a property is purchased in the name of a Director of a company (e.g., "A.B.C. Director of XYZ Co.") and the payment is made by the company, the transaction may potentially be considered as Benami.
- As per the Benami Transactions (Prohibition) Act, a transaction is considered Benami if property is held by one person (the Director, in this case) but the consideration for it has been provided, paid, or provided by another person (the company).
- The Act prohibits Benami transactions, and the consequences can include confiscation of the property and penalties.

2. **Property purchased in the personal capacity of the Director but payment made by the Company:**

- If the Director purchases a property in their personal capacity and the payment is made by the company, this situation also raises concerns under the Benami Transactions Act.
- Even though the property is in the name of the Director personally, if the funds used for the purchase originate from the company (which could be seen as an indirect benefit to the Director), it may be deemed a Benami transaction.
- The intention and purpose behind such transactions are crucial in determining whether they fall under the Benami Act.

### Conclusion:

In both scenarios described, there is a potential risk that the transactions could be considered Benami under the Benami Transactions (Prohibition) Act, 1988. The Act is aimed at preventing the practice of holding property in the name of one person while the consideration for it is provided by another, especially to evade taxes or other legal obligations.

Companies and Directors should exercise caution to ensure that property transactions are transparent, properly documented, and compliant with legal requirements. It’s advisable to consult with legal and tax professionals to ensure compliance with all applicable laws and to avoid unintended consequences under the Benami Transactions Act.

Upgrade to CAclubindia Pro. Subscribe Now!