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Report No. 57

6.30. Repeal of certain provisions.-

As a consequence of our recommendation to abolish the doctrine of benami, section 32 of the Trust Act, section 281A of the Income-tax Act and section 66 of the Code of Civil Procedure, will become unnecessary and we, therefore, recommend that they should be repealed.

As regards provisions like section 53 of the Transfer of Property Act or section 64 of the Income-tax Act, their scope is much wider than benami transactions. These provisions could be pressed into service even in cases not falling within the doctrine of benami. For example, section 64 of the Income-tax Act applies even where the transfer to the spouse of :he assets concerned is genuine, provided the transfer is not for adequate consideration or in connection with an agreement to live apart. We do not, therefore, think that they require any change in consequence of the new section which we are recommending.

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