2001 (4) TMI 52 - HC - Income Tax

Action Bot Valid Purchase of Immovable Property By Central Government Agreement For Transfer of Property

Summary

Issues Involved:
1. Legality and validity of the Appropriate Authority's refusal to issue a No Objection Certificate (NOC).
2. Jurisdiction of the Appropriate Authority in adjudicating the legality of the transaction and the title of the property.
3. Relief to be granted to the petitioners.

Issue-wise Detailed Analysis:

1. Legality and Validity of the Appropriate Authority's Refusal to Issue a NOC:
The petitioners challenged the order dated August 26, 1999, of the Appropriate Authority under Chapter XXC of the Income-tax Act, 1961, which refused to grant a NOC for the transfer of property. The petitioners argued that the Appropriate Authority was not justified in closing the case and lodging Form No. 37-I filed for a NOC. They contended that the Central Government had only two options: either to purchase the property or issue a NOC if it did not wish to purchase. The petitioners relied on several judgments, including Appropriate Authority v. Tanvi Trading and Credits P. Ltd. [1991] 191 ITR 307 (SC), which stated, "the Union of India through the Appropriate Authority could buy the property, or in the event of its decision not to buy, it has to issue a 'No objection certificate' leaving it open to the parties to deal with the property."

2. Jurisdiction of the Appropriate Authority in Adjudicating the Legality of the Transaction and the Title of the Property:
The court held that the Appropriate Authority does not have the jurisdiction to adjudicate the legality of the transaction or the title of the property. The Supreme Court in Tanvi Trading and Credits P. Ltd. [1991] 191 ITR 307 (SC) had observed that the Appropriate Authority's jurisdiction is confined to looking into the adequacy of the sale consideration only. The court emphasized that the Appropriate Authority cannot assume the jurisdiction of a civil court to decide title questions. This view was supported by various cases, including DLF Universal Ltd. v. Appropriate Authority [2000] 243 ITR 730 (SC) and Ramanlal B. Pandya v. Union of India [1998] 230 ITR 454 (Kar).

3. Relief to be Granted to the Petitioners:
The court, following the judgment of the Supreme Court in DLF Universal Ltd. v. Appropriate Authority [2000] 243 ITR 730, directed the Appropriate Authority to issue a NOC to the petitioners. The court quashed the impugned order dated August 26, 1999, and mandated the Appropriate Authority to issue a NOC to the petitioners in respect of the 22.5 acres of land situated at Elichibaiguda, Bakaram, Hyderabad, subject to the petitioners performing prescribed formalities, if any.

In conclusion, the court allowed the writ petition, quashed the impugned order, and directed the Appropriate Authority to issue a NOC to the petitioners, thereby enabling the transfer of the property.