2004 (4) TMI 22 - HC - Income Tax

Order of purchase of immovable property passed by the Appropriate Authority - In view of the consensus between the vendors and the purchasers, all of whom are now agreeable to the order of purchase being operated, acted upon and implemented, the challenges raised in these petitions are not required to be examined and the petitions are accordingly disposed of so held that it is open to the IT authorities to act upon the same without any objection from any of the parties - Vendors shall hand over vacant possession of the property in question to the Authorised Representative of the IT Department

Issues:
Challenge to the order of purchase dated 13th Sept., 1996 under section 269UD of the IT Act, 1961; Dispute over the apportionment of the consideration of Rs. 240 lakhs between vendors and purchasers; Challenge to subsequent consequential orders; Payment of consideration with interest to vendors and purchasers; Possession of the property to be handed over to the IT Department; Tax deduction at source on interest accrued.

Analysis:

Challenge to Order of Purchase:
The petitions involved a challenge to the order of purchase dated 13th Sept., 1996 under section 269UD of the IT Act, 1961. Multiple petitions were filed by both vendors and purchasers, contesting various orders related to the transaction. The initial challenge was raised through Special Civil Application No. 8606 of 1996, which was admitted without interim relief. Subsequent petitions were also filed by vendors and a related party, seeking alternative reliefs regarding the consideration amount and interest.

Dispute over Consideration Apportionment:
A significant issue in the case was the dispute over the apportionment of the consideration of Rs. 240 lakhs between the vendors and purchasers. The vendors requested a 50:50 split of the total consideration, while the purchasers claimed entitlement to a refund of Rs. 125 lakhs already paid. This dispute led to the consideration amount being deposited with the Appropriate Authority as per the provisions of section 269UG of the IT Act, 1961.

Payment of Consideration and Interest:
The resolution of the dispute between the vendors and purchasers led to an agreement for the payment of the entire consideration amount of Rs. 240 lakhs with interest accrued. The agreement specified the distribution of the amount between the vendors and purchasers in a ratio of Rs. 115 lakhs to Rs. 125 lakhs, with interest to be paid from 30th Oct., 1996. The IT Department was directed to deduct income tax at source before disbursing the interest amounts to the respective parties.

Possession of Property and Tax Deduction:
The judgment also addressed the issue of possession of the property, with vendors undertaking to hand over vacant possession to the IT Department within a specified timeline. Furthermore, the Revenue Department highlighted the need for tax deduction at source on the interest amounts accrued on the consideration paid to vendors and purchasers, ensuring compliance with income tax regulations.

Conclusion:
The judgment concluded by disposing of the petitions in line with the agreed directions for payment, possession, and tax deductions. The order of purchase dated 13th Sept., 1996 was upheld, and the IT authorities were authorized to act upon it. The vendors and purchasers were to receive their respective shares of the consideration with interest, subject to tax deductions. The vendors were required to hand over possession of the property, bringing an end to the disputes and legal proceedings.

This detailed analysis outlines the core issues addressed in the judgment, including challenges to the purchase order, disputes over consideration apportionment, payment arrangements, possession transfer, and tax implications, providing a comprehensive overview of the legal complexities involved in the case.

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