AGL 38.60 Increased By ▲ 0.04 (0.1%)
AIRLINK 215.90 Increased By ▲ 8.13 (3.91%)
BOP 10.33 Increased By ▲ 0.27 (2.68%)
CNERGY 6.92 Decreased By ▼ -0.16 (-2.26%)
DCL 9.95 Decreased By ▼ -0.04 (-0.4%)
DFML 40.90 Decreased By ▼ -0.24 (-0.58%)
DGKC 103.70 Increased By ▲ 0.24 (0.23%)
FCCL 36.75 Increased By ▲ 0.40 (1.1%)
FFBL 92.00 Increased By ▲ 0.41 (0.45%)
FFL 14.31 Decreased By ▼ -0.29 (-1.99%)
HUBC 138.25 Decreased By ▼ -1.18 (-0.85%)
HUMNL 14.39 Increased By ▲ 0.29 (2.06%)
KEL 5.89 Decreased By ▼ -0.08 (-1.34%)
KOSM 7.30 Decreased By ▼ -0.56 (-7.12%)
MLCF 47.50 Increased By ▲ 0.22 (0.47%)
NBP 67.44 Decreased By ▼ -6.32 (-8.57%)
OGDC 225.50 Increased By ▲ 2.84 (1.28%)
PAEL 38.69 Increased By ▲ 0.58 (1.52%)
PIBTL 9.11 Decreased By ▼ -0.16 (-1.73%)
PPL 207.21 Increased By ▲ 1.36 (0.66%)
PRL 40.80 Increased By ▲ 0.95 (2.38%)
PTC 26.70 Increased By ▲ 0.08 (0.3%)
SEARL 108.50 Decreased By ▼ -1.74 (-1.58%)
TELE 9.36 Increased By ▲ 0.13 (1.41%)
TOMCL 38.38 Increased By ▲ 0.17 (0.44%)
TPLP 13.80 Increased By ▲ 0.03 (0.22%)
TREET 26.32 Decreased By ▼ -0.13 (-0.49%)
TRG 60.60 Increased By ▲ 0.06 (0.1%)
UNITY 33.78 Decreased By ▼ -0.36 (-1.05%)
WTL 1.81 Decreased By ▼ -0.07 (-3.72%)
BR100 12,298 Decreased By -1.2 (-0.01%)
BR30 38,862 Decreased By -15.8 (-0.04%)
KSE100 114,316 Decreased By -544.5 (-0.47%)
KSE30 36,039 Decreased By -157.5 (-0.44%)

The adjudicating authority constituted under Benami Transactions (Prohibition) Act-2017 is yet to start review of the Benami cases framed against political persons or non-political individuals. Sources told Business Recorder that the officials of the adjudicating authority have been appointed in Karachi, Lahore and Islamabad. Around 200 support staff including inspectors/officers, etc, is required to facilitate working of the adjudicating authority.
The Benami Transactions (Prohibition) Zones of Federal Board of Revenue (FBR) have so far made 50 cases against the owners of benami properties and sent them notices for holding benami assets/income across the country. The FBR has so far not referred cases with the collected evidence to the adjudication authority.
Sources said that the FBR has started selecting cases on the basis of credible information and the board is expected to frame around 50 benami cases on monthly basis. In this regard, Benami Transactions (Prohibition) Zones issued orders of provisional attachment of immovable properties under the Benami Transactions (Prohibition) Act 2017.
The cases would be referred to the adjudicating authority under Benami Transactions (Prohibition) Act-2017 after completion of the due process. Following the approval granted by the FBR, the Benami Zones of Adjudicating Authority established under Benami Transactions (Prohibition) Act 2017 has issued notices for the provisional attachment of Benami properties in different cities under sub-section (3) of section 22 of the Act for Prohibition for holding properties in Benami. According to Ashfaq Tola, Member Tax Reform Commission, it is pertinent to note here that property situated in foreign countries aren't specifically included, nor are they excluded within the ambit of this Act. However, in any case, even if the intention of the legislature is to confiscate the benami properties held abroad, this cannot be done in the absence of bilateral agreements pertaining to confiscation of the same abroad.
According to Benami Transactions (Prohibition) Act, 1988 of India, the definition of Benami transactions is similar with the one being used in Pakistan. However, the Indian definition has two additional exceptions i.e. when a property is being held by a Karta, or a member of a Hindu undivided family, and that the property is held for his or his family members benefit with payment for such property being made out of the known sources of the Hindu undivided family. Other exception is when any property is involved in part performance (for which the stamp duty is paid and the contract is registered), for which consideration is provided and the transferee has the property in possession but the transferor still holds the right to ownership, Ashfaq Tola added.

Copyright Business Recorder, 2015

Comments

Comments are closed.