Benamitransactions(prohibition)act2017

BENAMI TRANSACTIONS
(PROHIBITION) ACT 2017

SCHEME OF THE ACT
CHAPTER I - PRELIMINARY
CHAPTER II - PROHIBITION OF BENAMI TRANSACTIONS
CHAPTER III - AUTHORITIES
CHAPTER IV - INFORMATION COLLECTION
CHAPTER V - ATTACHMENT, ADJUDICATION AND CONFISCATION
CHAPTER VI - FEDERAL APPELLATE TRIBUNAL
CHAPTER VII - SPECIAL COURTS
CHAPTER VIII - OFFENCES AND PROSECUTION
CHAPTER IX - MISCELLANEOUS

GENERAL- ON PURPOSE, APPLICATION
AND JURISDICTION
• No. F. 22(8)/2015-Legis, Islamabad, the 16th February, 2017.– The following Act of Majlis-e-Shoora (Parliament)
received the assent of the President on the 14th February, 2017 is hereby published for general information
• Act No. V of 2017- An Act to provide for prohibition of holding property in benami
• WHEREAS it is expedient to provide for prohibition of holding property in benami and restrict right to recover or
transfer property held benami and provide mechanism and procedure for confiscation of property held benami and
for matters connected therewith or incidental thereto;
• It is hereby enacted as follows:–
• 1. Short title, extent and commencement.– (1) This Act may be called the Benami Transactions (Prohibition)
Act, 2017.
(2) It shall extend to the whole of Pakistan.
(3) It shall come into force at once.

IMPORTANT DEFINITIONS-SECTION 2
 (1) “Adjudicating Authority” means the Adjudicating Authority appointed under section 6;
 (2) “Administrator” means Assistant Commissioner Inland Revenue appointed under section 208 of
the Income Tax Ordinance, 2001 (XLIX of 2001);
 (3) “Approving Authority” means Commissioner Inland Revenue as defined in clause (13) of section
2 of the Income Tax Ordinance, 2001 (XLIX of 2001);
 (4) “attachment” means the prohibition of transfer, conversion, disposition or movement of property,
by an order issued under this Act;
 (5) “authority” means an authority referred to in section 15;
 (7) “benami property” means any property which is the subject matter of benami transaction and also
includes the proceeds from such property;

 (8) “benami transaction” means,–
(A) a transaction or arrangement–
(a) where a property is transferred to, or is held by a person and the consideration for such property has been
provided, or paid by, another person; and
(b) the property is held for the immediate or future benefit, direct or indirect, of the person who has provided the
consideration, except when the property is held by–
(i) a person standing in a fiduciary capacity for the benefit of another person towards whom he stands in such
capacity and includes a trustee, executor, partner, director of a company, agent or legal adviser, and any
other person as may be notified by the Federal Government for this purpose; or
(ii) any person being an individual in the name of his spouse or in the name of any child or in the name of his
brother and sister or lineal ascendant or descendant and the individual appearing as joint owner in any
document of such individual and the consideration for such property has been provided or paid out of known
resources of income of the individual; or

(B) a transaction or arrangement in respect of a property carried out or made in the fictitious name; or
(C) a transaction or arrangement in respect of a property where the owner of the property is not aware
of, or denies knowledge of, such ownership; or
(D) a transaction or arrangement in respect of a property where the person providing the consideration
is not traceable or is fictitious
 (9) “benamidar” means a person or a fictitious person, as the case may be, in whose name the benami
property is transferred or held and includes a person who lends his name;
 (12) “Board” means the Federal Board of Revenue constituted under the Federal Board of Revenue Act,
2007;

 (11) “beneficial owner” means a person, whether his identity is known or not, for whose benefit the benami
property is held by a benamidar;
 (15) “fair market value” in relation to a property, means,–
(a)the price that the property would ordinarily fetch on sale in the open market on the date of the transaction; and
(b)where the price referred to in sub-clause (a) is not ascertainable, such price as may be determined in accordance
with such manner as may be prescribed;
 (19) “Initiating Officer” means a Deputy Commissioner Inland Revenue appointed under section 208 of the
Income Tax Ordinance, 2001 (XLIX of 2001);
 (24) “person” shall include–
(a) an individual;
(b) a company;
(c) a firm;
(d) an association of persons or a body of individuals, whether incorporated or not;

(e) every artificial juridical person, not falling under sub-clauses (a) to (d).
 (25) “prescribed” means prescribed by rules made under this Act;
 (26) “property” means asset of any kind, whether movable or immovable, tangible or intangible, corporeal or
incorporeal and includes any right or interest or legal documents or instruments evidencing title or interest in the
property and where the property is capable of conversion into some other form, then the property in the converted
form and also includes the proceeds from the property;
 (27) “Special Court” means a Court of Sessions designated as Special Court under section 50;
 (28) “transfer” includes sale, purchase, disposition, extinguishment of profit or any other form of transfer of right,
title, possession or lien;
(2) Words and expressions used herein and not defined in this Act shall have the same meaning as defined in the
Trusts Act, 1882 (II of 1882), the Succession Act, 1925 (XXXIX of 1925), the Partnership Act, 1932 (IX of 1932, the
Income Tax Ordinance, 2001 (XLIX of 2001) the Anti Money Laundering Act, 2010 (VII of 2010) and the Companies
Ordinance, 1984 (XLVII of 1984).

CHAPTER II
PROHIBITION OF BENAMI TRANSACTIONS
 3. Prohibition of benami transactions.– (1) No person shall enter into any benami transaction.
(2) Whoever enters into any benami transaction or holds any benami property on and after the date of
the commencement of this act, shall be punishable in accordance with the provisions contained in
Chapter VIII.
 4. Property held benami liable to confiscation.– Any property, which is subject matter of benami
transaction, shall be liable to be confiscated by the Federal Government.
 5. Prohibition on retransfer of property by benamidar.– (1) No person being benamidar shall
retransfer the benami property held by him to the beneficial owner or any other person acting on his
behalf.
 (2) Where any property is retransferred in contravention of the provisions of sub-section (1), the
transaction of such property shall be deemed to be null and void.

HIERARCHY UNDER THE ACT
HONORABLE HIGH COURT HAVING TERRITORIAL JURISDICTION
SPECIAL COURT (SUBJECT TO BAR ON JURISDICTION
U/S 43)-CRIMINAL PROCEEDINGS UNDER CRPC 1898
FEDERAL APPELLATE TRIBUNAL-POWERS NATURAL
JUSTICE, SUBJECT TO THE OTHER PROVISIONS OF THIS
ACT AND CPC SHALL BE THE GUIDING PRINCPLES
1- (ADJUDICATING AUTHORITY(IES) –Section 6 and 15
2- Authorities
(a) the Initiating Officer;- Section 15
(b) the Approving Authority;- Section 15
(c) the Administrator; and-Section 15

AUTHORITY AND FAT- PROVISONS
DETAILS ADJUDICATING AUTHORITY FEDERAL APPELLATE TRIBUNAL (FAT)
CONSTRUCTION 6- FG-Notification in official gazette- one or more
adjudicating authorities to exercise jurisdiction and
power and authority conferred under this Act.
28- FG-Notification in official gazette establish FAT
to hear appeals against orders of Adjudication
Authority under the Act
CONSTRUCTION-Nos 6. Chairperson (CP) and atleast two members 29 (1). Chairperson (CP) and atleast two members-
One Judicial and One Accountant
CONSTRUCTION-Qualification 6. Shall not be qualified to be appointed Unless-Is or
or has been member of IRS and has held a post of
CIR or equivalent; or
Is or has been a member of FS and has held the post
of additional secretary or equivalent
30. CP-Unless he is or has been a judge of High
Court
Judicial Member- Unless he has exercised the powers
of a district judge and is qualified to be a judge of
HC
Accountant Member- has been CCIR of IRS or served
as CIR for 3 years and 1 year as CIR(A)
No sitting judge of HC be appointed under this
section without consultation of CJ of that HC
CP or member of another tribunal in addition to his
responsibilities may be appointed as CP or member
of this tribunal under this Act.
CONSTRUCTION-Manner 6. CP and members be appointed by FG in the
manner as may be prescribed
CONSTRUCTION-Chairperson 6. FG shall appoint Sr. most member as CP

AUTHORITY AND FAT- PROVISONS/2
DETAILS ADJUDICATING AUTHORITY FEDERAL APPELLATE TRIBUNAL
CONSTITUTION OF BENCHES • (7)- Jurisdiction of authority to be exercised by
benches
• Bench may be constituted by CP with 2 members
as the CP deem fit
• FG-in consultation with CP and through
notification in OG shall specify the places where
the benches shall sit
• CP may transfer member from one bench to
another
29. (2) subject to this Act;
• Jurisdiction of the Tribunal to be exercised by
benches
• Bench may be constituted by CP with 2 members
as the CP deem fit
• FG-in consultation with CP and through
notification in OG shall specify the places where
the benches shall
• FG-in through notification in OG shall specify the
jurisdictional areas of benches
• CP may transfer member from one bench to
another
POWERS-to regulate its own procedure (8.) As far as may be practicable be bound by the
procedure laid down in CPC 1908, Natural justice and
other provisions of the Act shall be the guiding
principles
(38.(1)) The FAT shall not be bound by the
procedure laid down by the Code of Civil Procedure,
1908, but shall be guided by the principles of natural
justice and, subject to the other provisions of this
Act, the Tribunal shall have powers to regulate its
own procedure.
TERMS OF OFFICE • (9.) 3 Years from the date they enter the office
until the age of 62 which ever is earlier
(32.) 3 Years from the date they enter the office until
the age of 65 which ever is earlier and shall not be
eligible for reappointment
TERMS AND CONDITIONS OF SERVICE • (10.) Salary and allowances and other terms shall
be such as may be prescribed
• Casual vacancy be filled within 3 months
• 31. Salary and allowances and other terms shall be
be such as may be prescribed and shall not be
varied during their tenure
• Casual vacancy be filled within 3 months

REMOVAL OF CP AND MEMBERS (11.) FG-by order in writing can remove, CP or a
member IF CP OR SUCH OTHER MEMBER , AS THE
CASE MAY BE
(a) has been adjudged as an insolvent; or
(b) is convicted of an offence, involving moral
turpitude; or
(c) has become physically or mentally incapable
of acting as a member; or
(d) has acquired such financial or other interest
as is likely to affect prejudicially his functions;
or
(e) has so abused his position as to render his
continuance in office prejudicial to the public
interest.
CP OR MEMBER SHALL NOT BE REMOVED WITHOUT
AFFORDING THEM REASONABLE OPPORTUNITY OF
BEING HEARD
(33.) FG-may-In consultation with CJ of HC having
jurisdiction, remove CP or member who--
(a) has been adjudged as an insolvent; or
(b) is convicted of an offence, involving moral
turpitude; or
(c) has become physically or mentally incapable
of acting as a member; or
(d) has acquired such financial or other interest
as is likely to affect prejudicially his functions;
or
(e) has so abused his position as to render his
continuance in office prejudicial to the public
interest.
CP OR MEMBER SHALL NOT BE REMOVED except by
an order after an inquiry made by CJ of a HC and CP
or members be informed about the charges on
him/them and after affording a reasonable
opportunity of being heard to him/them
FG-may suspend CP or member in respect to whom
inquiry is being referred to CJ until FG passes an
order on receipt of inquiry report
FG may regulate the procedure for inquiry in the

TO ACT AS CP IN CERTAIN CASES (12.) Incase of vacancy in CP office by reason of
death, resignation or otherwise, the most Sr.
Member shall act until the appointment of new CP
(36.) Incase of vacancy in CP office by reason of
death, resignation or otherwise, FG may direct the
most Sr. Member shall act until the appointment of
new CP
VACANCIES, DEFECTS AND IRREGULARITIES (13. ) No Act or proceedings shall be invalid merely
by reasons of defect
• In Constitution of authority
• Appointment of members
• Procedural Irregularity not affecting merits of
the case
(34. ) No Act or proceedings shall be invalid merely
by reasons of defect
• In Constitution of Tribunal
• Appointment of members
• Procedural Irregularity not affecting merits of
the case
OFFICERS AND EMPLOYEES (14.) Officers and employees shall discharge their
functions under superintendence of CP
(37.) FG shall provide staff to FAT as it deems fit
Officers and employees shall discharge their
functions under superintendence of CP
Salaries, Allowances and TOS of the employees of
FAT shall be as may be prescribed
AUTHORITY AND JURISDICTION (15.) Following shall be authorities for the purpose
of this Act;
(a) the Initiating Officer;
(b) the Approving Authority;
(c) the Administrator; and
(d) the Adjudicating Authority
Discharge all or any functions assigned under this
Act or rules as may be prescribed.
(39.) Where benches are constituted CP may from
time to time by notification in OG make provisions
as to the distribution of business of Tribunal
amongst the benches and also provide for the
matters which may be dealt with by each bench
(40.) CP has the power to transfer cases from one
bench to another on its own motion without notice
or on application of parties after hearing them

POWERS (16.) Same powers as are vested in civil courts under CPC
1908 while trying a suit in respect of following matters;
(a) discovery and inspection;
(b) enforcing attendance of any person;
(c) compelling production of books of accounts and
other documents;
(d) issuing commissions;
(e) receiving evidence on a affidavits; and
(f) any other matter which may be prescribed.
(2) Any proceeding under sub-section (1) shall be
deemed to be a judicial proceeding within the meaning of
section 193 and section 228 of the Pakistan Penal Code, 1860
(Act XLV of 1860).
[38.(2)] Same powers as are vested in civil courts under CPC
1908 while trying a suit in respect of followings namely;
(a) summoning and enforcing the attendance of any
person and examining him on oath;
(b) requiring the discovery and production of documents;
(c) receiving evidence on affidavits; and
(d) subject to section 6 of Qanoon-e-Shahadat, 1984 (P.O.
10 of 1984), requisitioning any public record or
document or copy of such record or document from
any office.
(3) Order passed by FAT is executable by it as the degree of
Civil court and for this purpose it shall have all the powers of
Civil Court
(4) Nonobstante clause- FAT can transmit it order to a civil
court to be executed by that court as if it shall be a decree of
that court
(5) Proceedings of FAT are deemed to be criminal proceeding
under section 193 and 228 of PPC 1860 and FAT shall be
deemed to be a Civil Court for the purposes of section 345
and 346 of CrPc 1898
ASSISTANCE TO (17.) Nutshell all the agencies and Institutions are required to
assist CP and members in discharging their functions

41. Decision to be by majority.– In case of difference of opinion on any point(s) the members may refer the
point(s) or the case to the CP who shall personally hear the point(s) or transfer them to any other member(s) and
such points be decided by majority
42. Chairperson, Members and other officers and employees to be public servants.– deemed to be the public
servants within the meaning of section 21 of the Pakistan Penal Code, 1860 (Act XLV of 1860)
43. Bar of jurisdiction of civil courts.– No Civil court shall entertain any case for which authority or FAT has the
power neither the court can issue interim injunctions in such cases
44. Appeals to Federal Appellate Tribunal- initiating officer or aggrieved within 45 days of receipt of order of
the adjudicating authority
 FAT can condone the case on presenting a sufficient cause that prevented the filing beyond 45 days
 ON receipt of appeal and after giving notice to the parties and affording opportunity of being heard to them FAT can
pass such order as it deems fit.
 FAT must hear and finally decide the order within 1 year from the last date of the month in which appeal was filed

44. Appeals to Federal Appellate Tribunal- Powers of FAT while deciding the appeal
 (a) to determine a case finally, where the evidence on record is sufficient;
 (b) to take additional evidence or to require any evidence to be taken by the Adjudicating Authority,
where the Adjudicating Authority has refused to admit evidence, which ought to have been admitted;
 (c) to require any document to be produced or any witness to be examined for the purposes of
proceeding before it;
 (d) to frame issues which appear to the Tribunal essential for adjudication of the case and refer them
to the Adjudicating Authority for determination; and
 (e) to pass final order and affirm, vary or reverse an order of adjudication passed by the Adjudicating
Authority and pass such other order or orders as may be necessary to meet the ends of justice.

PROCESS FLOW UNDER THE ACT-
Initiating officer
Initiationofinquirybased
oninformationin
possession
Gathering of
Information-
Through call of
information,
searching the
premises,
impounding the
documents or
making
investigation or
inquiry
Analysis of
Information
received and
issuance of show
cause notice
Provisional attachment
/
Order of the Initiating
officer for attachment of
property
within 60 days of
attachment reference
to the Adjudicating
authority

PROCESS FLOW UNDER THE ACT-
Adjudicating Authority
ReceiptofReference
fromInitiatingOfficer
Issue of Notices
within 30 days of
reference to submit
such information,
documents or
evidence deemed
necessary for the
case- Not less than
30 days of
compliance be
allowed in notice
Consider replies
submitted
Information or
evidences provided
or material
available on record
Further inquiries
and investigations
Affording an
opportunity of being
heard to parties
Order of the Adjudicating
Authority-Provided no
order shall be passed after
expiry of 1 year from the
date of reference

COLLECTION OF INFORMATION
Power to call information
 CP or any authority or FAT can call from FG. PG, Local authority or any authority or person or any officer
responsible for registration of property or maintaining books of account or other documents containing
a record of any transaction relating to property or any other person to furnish any information in relation
to any person or point/ manner which in his opinion is relevant for the purposes of this act
Power to enter and Search Premises
 Any authority without notice has power to have full and free access to any premises, places, accounts,
documents or computers
 Authority shall stamp or make copy of the documents or computer data/information
Power of Authority to impound documents
 Record produced or obtained under section 19 (enter and search the premises) may be impounded and
retained for a period not exceeding 3 months

COLLECTION OF INFORMATION
Power of Authority to impound documents-Continues
 Period of retention may be extended beyond 3 months for reasons to be recorded in writing
 Where record is impounded and retained under section 19 the officer shall obtain approval of approving authority
within 15 days of such impounding.
 Record shall not be retained for a period exceeding thirty days on conclusion of proceedings
 Person from whom record was impounded shall be entitled to obtain copies of the record so impounded
 On expiry of 3 months (or any extended period)the record impounded shall be returned/released to the person from
whom it was impound or with the approval of approving or adjudicating authority, to the owner or any other person
nominated by the owner
Power to make investigations and inquiries
 After obtaining prior approval of approving authority, the initiating officer shall have power to conduct or cause to
be conducted any inquiry or investigation in respect or any person, place, property, assets, documents, books of
account, or other documents, in respect of an other relevant matter under this Act

NOTICE & ATTACHMENT
Notice and manner of notice
 Initiating officer on the basis of material in his possession, after recording the reasons in writing, and
within such time as may be prescribed in notice, issue the notice to such person as to why such property
shall not be treated as benami property
 Notice shall be issued in the manner as provided u/s 218 of the ITO 2001
Attachment
 In case initiating officer has reasons to believe that the holder of benami property may alienate during
time provided for compliance to notice- provisional attachment with the approval of approving authority
for a period not exceeding 90 days from the date of issue of notice

NOTICE & ATTACHMENT
Attachment- Continues
 Within 90 days of issuance of notice – Where provisional attachment was made
 If property was provisionally attached, continue attachment with the approval of approving authority
till the decision of adjudicating authority
 If property was not attached, with the approval of approving authority attach the property till the
decision of adjudicating authority
 Within 90 days of issuance of notice – Where provisional attachment was not made
 Pass an order of the provisional attachment with the approval of approving authority, till the
decision of adjudicating authority
 With the approval of approving authority, decide not to attach property
 If Provisional attachment is made, within 60 days of attachment draw a statement of the case and
refer it to the adjudicating authority

CONFISCATION, VESTING, MANAGEMENT AND
POSSESSION OF PROPERTY
Confiscation and Vesting
 After passing an order the adjudicating authority shall after affording an opportunity of being heard to
the person concerned shall pass an order for confiscation of property
 In case an appeal if filed before FAT then confiscation is made subject to the order of the FAT
 Confiscation is to be made as may be prescribed
 Nothing in this section shall apply to a bona fide purchase who purchased the property from benamdar
against an adequate consideration before issuance of notice for confiscation
 If order of confiscation is passed the property shall be vested absolutely in FG free of all encumbrances
and no compensation be paid for such confiscation
 Any right created in favor of third party for defeating proceedings under this section shall be null and
void
 If no order is made for confiscation upon attaining the proceeding finality-no claim lies against
government

CONFISCATION, VESTING, MANAGEMENT AND
POSSESSION OF PROPERTY
Administration/Management
 Administrator shall have powers to receive and manage confiscated property
 FG shall notify how many of its officers shall work as administrators
 Administrator shall dispose of the property vested in FG as directed and on such conditions and in such
Possession of Property
 Administrator shall take possession of confiscating property after giving 7 days notice in writing to the
person who is in possession of such property
 In case of non compliance to notice of possession, administrator can take forcible possession with the
help of police officers

PROCESS FLOW UNDER THE ACT-FAT
AnypersonincludingInitiatingofficer
AggrievedbytheorderofAdj.Auth.
within45daysofreceiptofOrder
In case of delay in
filing FAT has
power to condone
the delay
provided
sufficient cause
has caused such
delay
Afford
opportunity of
being heard to
parties
As far as possible hear the case and finally
decide all questions within a period of 1
year from the last date of the month in
which the appeal was filed
Order Executable as decree of
Civil Court
Order to be transmitted to
Civil Court to be executed as a
decree of that court

PROCESS FLOW UNDER THE ACT-HC
AnypartyAggrievedbythedecisionor
orderofFATwithin60daysofservice
ofdecision/Order
High Court can
entertain a
delayed appeal if
sufficient cause
that resulted in a
delay is shown
If HC is satisfied
that substantial Q
of law is involved
in any case, it shall
formulate that
question
Appeal be heard only on formulated Q of
law by not less than 2 judges
Nothing in this section shall be deemed to
take away or Abridge the power of HC to
hear, for reasons to be recorded, an appeal
on any other substantial question of law not
formulated by it, if it is satisfied that the
case involves such Q
Decide the Q formulated
Save as otherwise provided,
Provision of CPC shall apply to
appeal to HC
HC can determine any issue which
is not been determined by FAT or
determined wrongly by FAT
Copy of order to appellant and
respondents

PROSECUTION, SPECIAL COURTS & MISC.
PROVISIONS
SPECIAL COURTS
 FG in consultation with concerned CJ of the HC
 For trial of offences punishable under this Act
 By notification in official Gazette designate one or more courts of session as special courts or special for
such areas or for such case or class or group of cases as may be specified in the notification
 Special Courts shall not take cognizance of offence except upon a complaint in writing made by;
 The authority; or
 Any, officer of the FG or PG authorized in writing by that government by a General or special order
 Trial shall be concluded as expeditiously as possible and every endeavor shall be made to complete it within
6 months of filing of complaint.
 CrPC 1898 shall apply to proceedings of special courts
 Appeal and revision to HC lies against the order of special court

PROSECUTION, SPECIAL COURTS & MISC.
PROVISIONS
OFFENCES AND PROSECUTIONS
 Penalty for benami transaction- Rigorous imprisonment not less than one year may extend to 7 years
and a fine equal to 25% of FMV of the property
 Penalty for false information – knowingly submits false information or documents- Rigorous
imprisonment of not less than 6 months may extend to 5 years and a fine equal to 10% of FMC of
property
 No prosecution shall be initiated without previous sanction of the Board (FBR)
 MISC.
 After issuance of notice, notwithstanding anything contained in transfer of property Act or any other law
for the time being in force, any transfer shall be null an void
 For the purpose of administration of this Act FG can issue directions it deem fit and authorities to follow
such orders, instructions and directions

MISC. PROVISIONS
 Act to override other laws
 Offences to be non-cognizable- Notwithstanding anything contained in CrPc 1898 offences under this Act shall be non-
Cognizable
 Offences by Companies-
 Notices and summons not to be invalid on certain grounds-like mistake, omission or defect
 Protection of actions taken under good faith
 Power to make rules- FG by notification in official gazette
 Reward to whistleblowers- Board by notification shall prescribe the procedure in this behalf and also specify the
apportionment of reward sanctioned under this section

CASE LAW HISTORY
 1980 PTD 48
 [Lahore High Court] Before Muhammad Afzal Lone and Muhammad Amin Butt, JJ
 MESSRS MAULVI BROTHERS versus COMMISSIONER OF INCOME-TAX, RAWALPINDI

Benami Transaction Rules
 On August 2017 Rules were sent to Ministry of Law for approval however are not yet finalized
https://fp.brecorder.com/2017/08/20170829213466/
 https://profit.pakistantoday.com.pk/2017/12/30/fbrs-request-to-gain-federal-govt-powers-over-benami-transactions-
act-2017-rejected/
 ISLAMABAD: Federal Board of Revenue (FBR) request to hand over authority to minister-in charge of finance for matters of execution in
relation to Benami Transactions (Prohibition) Act 2017 has been rejected by the cabinet panel.
 Mr. Iqbal said FBR suggested to federal cabinet to assign its powers to the tax regulator under Benami rules and the draft regulations had
been put submitted to them before they forwarded it to CCLC for examining.
 He highlighted CCLC rejection of handing over power to the tax authorities in this regard was done in regard of apex court’s decision last
year which said federal government constituted the cabinet, prime minister and federal ministers as collective entity.
 FBR had sought these powers to have complete freedom in the appointment of adjudicating authorities and constitution of appellate
benches to enact the Benami law.
 Member policy of the tax regulator said new position about CCLC rejection had been communicated to Prime Minister in his capacity as
finance minister. He shared the PM had issued directives to FBR to change the draft rules appropriately and summary be forwarded to
federal cabinet for approval.

CONCLUDED- THANK
YOU VERY MUCH
Syed Muhammad Ijaz
Partner
Huzaima Ikram & Ijaz
www.hii.com.pk
0332-8655096
info@hii.com.pk

Benamitransactions(prohibition)act2017

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