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Dept Attaches Rs 100 Crore Land In Telangana In Alleged Benami Deal Juris Hour

The Income Tax Department has provisionally attached land worth ₹100 crore in Telangana under Section 281B of the Income Tax Act, 1961.

The provisional attachment of benami property under the Income Tax Act has come into focus with the recent action by the Income Tax Department in Telangana. The department has provisionally attached land valued at ₹100 crore, alleging it to be a benami transaction. This action is based on investigations indicating that the property was purchased using funds from undisclosed sources, with the intention of concealing the true ownership. The attached land is located in a prime area of Telangana, and the provisional attachment order was issued after preliminary inquiries suggested a clear case of benami holding. The department is now proceeding with further investigations to establish the benami nature of the transaction conclusively and initiate further legal action, which may include confiscation of the property and prosecution of the involved parties. Such actions serve as a deterrent against tax evasion and money laundering activities.

Section 281B of the Income Tax Act, 1961, empowers the Income Tax Department to provisionally attach any property to protect the interests of revenue. This action can be taken during the pendency of any assessment or reassessment proceedings if the Assessing Officer believes that the assessee may dispose of the property to obstruct the recovery of tax. Non-compliance can lead to the attachment becoming absolute, potentially leading to the sale of the property to recover tax dues.

Provisional attachments under Section 281B can create significant challenges for businesses, especially if the attached assets are critical for operations. Companies should maintain meticulous records of all transactions and be prepared to provide detailed explanations to tax authorities to avoid such actions. Early engagement with tax advisors is crucial to navigate these complex situations.

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Income Tax Dept attached ₹100 crore land in Telangana.
Attachment is under Section 281B of the Income Tax Act, 1961.
Property allegedly purchased with undisclosed income.
The land is suspected to be a benami transaction.

This attachment highlights the Income Tax Department's focus on curbing benami transactions and tax evasion, impacting individuals and entities involved in such practices.

Action Required
Taxpayers should review their property holdings and ensure compliance with income tax laws to avoid similar actions.
What is benami property under Income Tax Act?
Benami property refers to property held by one person (the benamidar) but paid for by another person, with the intention of concealing the true ownership. Section 2(9) of the Benami Transactions (Prohibition) Act, 1988 defines it. Such transactions are illegal and subject to penalties and confiscation.
Can Income Tax Department attach property provisionally?
Yes, under Section 281B of the Income Tax Act, the department can provisionally attach property during assessment proceedings if there is a reasonable apprehension that the assessee may dispose of the property to evade tax liabilities. This attachment is valid for a limited period, typically six months, and requires justification from the Assessing Officer.

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