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UPSC Prelims 2017 Q20: Indian Economy – Fiscal Policy & Budget

UPSC Prelims 2017, General Studies Paper I · Indian Economy

With reference to the ‘Prohibition of Benami Property Transactions Act, 1988 (PBPT Act)’, consider the following statements : 1. A property transaction is not treated as a benami transaction if the owner of the property is not aware of the transaction. 2. Properties held benami are liable for confiscation by the Government. 3. The Act provides for three authorities for investigations but does not provide for any appellate mechanism. Which of the statements given above is/are correct ?
  1. (a) 1 only
  2. (b) 2 only
  3. (c) 1 and 3 only
  4. (d) 2 and 3 only

Answer: (b) 2 only

Explanation

Benami Transactions (Prohibition) law

The 1988 Act was overhauled by the Benami Transactions (Prohibition) Amendment Act, 2016.

StatementVerdictFact
1. Not benami if the owner is unaware of the transactionIncorrectA transaction is still benami if the named owner denies knowledge of it; this is one of the listed types
2. Benami properties can be confiscatedCorrectBenami property is liable to confiscation by the Government without compensation
3. Three investigating authorities but no appeal mechanismIncorrectThere are four authorities and an Appellate Tribunal, with further appeal to the High Court

Authorities under the 2016 law:

AuthorityRole
Initiating Officer, Approving Authority, AdministratorInvestigation and management of property
Adjudicating AuthorityDecides cases
Appellate TribunalHears appeals

Answer: (b) 2 only.

Why each option is right or wrong

Key point

Benami law (1988, amended 2016): benami property liable to confiscation; owner's lack of knowledge does not save it; Adjudicating Authority and Appellate Tribunal exist.

Remember

Benami: confiscation yes; appeal route yes.

Common mistakes

Exam tip

Most anti-black-money laws include appeal routes. A claim of 'no appellate mechanism' is usually false.

Sources

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