2005 (8) TMI 89 - HC - Income Tax

Purchase of the property by the Government - short controversy in the present case is as regards the period of the discount for the purpose of deducting the interest from the value of the property shown in the sale agreement learned single judge in his impugned judgment has held that the members of the appropriate authority of the Income-tax Department were not correct in determining the discounted value payable to the writ petitioner commencing from the date of the agreement - Held that the principle of discounting is based on logic and reasons and the deeming fiction for determining the value of the consideration at discounted value is not arbitrary or unreasonable. Thus this writ appeal is allowed. The impugned judgment of the learned single judge is set aside

Summary

Issues:
1. Interpretation of "apparent consideration" under section 269UA(b) of the Income-tax Act.
2. Determination of the period of discount for calculating the value of property in a sale agreement.
3. Comparison of different High Court judgments regarding the calculation of discount period.
4. Applicability of the Supreme Court decision in Ramesh Bhai J. Patel v. Union of India [2001] 247 ITR 182.

Analysis:
1. The case involved the interpretation of "apparent consideration" as defined in section 269UA(b) of the Income-tax Act. The court referred to the definition which includes the consideration specified in the sale agreement and the discounted value of consideration payable after the agreement date. The controversy centered around the discount period for deducting interest from the property value.

2. The court addressed the determination of the discount period, emphasizing the importance of two relevant dates: the date of the sale agreement and the date when the consideration becomes payable. The judgment cited the Supreme Court decision in Ramesh Bhai J. Patel v. Union of India, which clarified that the discount period should be between these two dates, rejecting the introduction of a third date like the issuance of a "no objection certificate."

3. The court compared various High Court judgments on discount calculation. It supported the views of Gujarat, Allahabad, and Delhi High Courts, aligning with the Supreme Court's stance. It criticized the Bombay High Court's judgment for deviating from the Supreme Court's position. Additionally, the Karnataka High Court's reasoning on the logic and reason behind discounting was endorsed.

4. The applicability of the Supreme Court decision in Ramesh Bhai J. Patel v. Union of India [2001] 247 ITR 182 was pivotal in resolving the issue of discount period calculation. The court emphasized adhering to the Supreme Court's interpretation to maintain consistency and avoid arbitrary calculations. Consequently, the writ appeal was allowed, setting aside the single judge's judgment without imposing costs.