1995 (9) TMI 11 - HC - Income Tax

Appropriate Authority, Fair Market Value, High Court, Immovable Property By Central Government, Movable Property, Tax Evasion

Issues Involved:
1. Legality of the show-cause notice issued by the appropriate authority.
2. Comparison of sale instances and determination of fair market value.
3. Validity of the petitioner's claim regarding tenancy and its impact on property value.
4. Judicial review of the appropriate authority's decision-making process.

Detailed Analysis:

1. Legality of the Show-Cause Notice:
The petitioner contended that the show-cause notice was not signed by the appropriate authority. However, the court noted that the notice was issued under the authority of the appropriate authority, as indicated by the opening sentence of the notice: "Under the instructions of the Appropriate Authority, Delhi, I am to state...". Thus, the court found no merit in the petitioner's plea.

2. Comparison of Sale Instances and Determination of Fair Market Value:
The appropriate authority compared the subject property (A-208, Defence Colony) with other properties, namely C-538, A-20, A-2, A-175, and D-319, Defence Colony. The authority calculated the land rates after adjusting for factors like salvage value, time, and location. For instance, the land rate for C-538 was determined to be Rs. 36,969 per sq. mt., significantly higher than the apparent consideration of the subject property. Similarly, the land rate for A-20 was Rs. 31,494 per sq. mt. The court found that the appropriate authority's calculations were not controverted by the petitioner and were reasonable. The court also addressed the petitioner's argument regarding the comparability of properties in different blocks of Defence Colony, noting that the authority had taken into account relevant factors such as proximity to parks and other amenities.

3. Validity of the Petitioner's Claim Regarding Tenancy and Its Impact on Property Value:
The petitioner claimed that a room in the property was tenanted, which justified the lower sale price. The appropriate authority inspected the property and found that the alleged tenanted portion was a temporary structure and not a room. The tenant, Anand Goswami, admitted that the shop had been closed since May 1989. The authority concluded that the tenancy claim was not genuine and was raised to explain the lower transaction price. The court agreed with the authority's findings.

4. Judicial Review of the Appropriate Authority's Decision-Making Process:
The court emphasized that judicial review under Article 226 is limited to examining the decision-making process, not the correctness of the decision itself. The court found that the appropriate authority had followed the procedure outlined in Chapter XX-C of the Income-tax Act, 1961, and had provided reasonable opportunities for the parties to present their case. The authority's decision was based on relevant factors and was not arbitrary or unreasonable. The court cited several Supreme Court judgments, including C. B. Gautam v. Union of India, to support its position that the authority's decision should not be interfered with unless it was perverse or based on no evidence.

Conclusion:
The court dismissed the writ petition, upholding the appropriate authority's order for the compulsory purchase of the property. The possession of property No. D-208, Defence Colony, New Delhi, was to be handed over to the fourth respondent, Container Corporation of India Ltd. The court found no fault with the authority's determination that the apparent sale consideration was significantly below the fair market value and that the petitioner's claims regarding tenancy and property valuation were not substantiated.

← Previous Next →