The Adjudicating Authority (AA) has given a clean chit to Bollywood superstar Shah Rukh Khan in Alibaug’s farmhouse benami case. Notably, SRK was alleged to have purchased the agricultural land in Alibaug for farming purposes but instead constructed a luxury farmhouse. Therefore, IT Department attached the farmhouse and also issued a notice to SRK under the Prohibition of Benami Property Transactions Act. However, the matter reached to the Adjudicating Authority in New Delhi for further hearing.
Taking a cognizance into this, a division bench of the AA comprising D Singhai (Chairperson) and Member (Law) Tushar V Shah exonerated SRK and slammed IT Department for issuing the order under the Prohibition of Benami Property Transactions Act.
The bench said, “We have come to the conclusion that the named properties, i.e., agriculture land at village Thal, Taluka Alibaug bearing survey nos 188/A, 188/1B, 188/2, 188/3, 188/4, 187/1 and structure thereon are not a benami property and hence the attachment made thereof by the investigating officer is revoked hereby.”
“There is nothing to raise the inference or presumption in law that the property owned by a company can be said to be held for the benefit of its shareholder,” the bench said while absolving King Khan of the criminal charges under the stringent law.
As per the anti-benami law, if proven, a benamidar (in whose name benami property is standing) and beneficiary (who pay money consideration) are prosecutable and may face rigorous imprisonment up to 7 years besides being liable to pay fine up to 25 per cent of fair market value of benami property.
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