1996 (7) TMI 130 - HC - Income Tax

Movable Property Petition Against Order Purchase Of Immovable Property By Central Government Subject Matter Writ Petition

Issues Involved:
1. Applicability of Chapter XX-C of the Income-tax Act, 1961, to the development agreement.
2. Validity of the order under section 269UD(1) of the Income-tax Act.
3. Compliance with the provisions of sections 269UE(3) and 269UG(1) of the Income-tax Act.
4. Alleged violation of principles of natural justice.
5. Revesting of property under section 269UH of the Income-tax Act.

Issue-wise Detailed Analysis:

1. Applicability of Chapter XX-C of the Income-tax Act, 1961, to the Development Agreement:
The court examined whether Chapter XX-C, which deals with the pre-emptive purchase of immovable property by the Central Government, applies to the development agreement in question. The court noted that the definitions of "immovable property" and "transfer" under section 269UA(d) and (f) are broad and encompass various forms of property and transactions. The court held, "Chapter XX-C encompasses in itself all types of immovable properties and their transfers keeping in view the object of inserting this Chapter in the Act." Therefore, the development agreement falls within the scope of Chapter XX-C.

2. Validity of the Order under Section 269UD(1) of the Income-tax Act:
The court scrutinized the order dated February 22, 1995, passed under section 269UD(1), which directed the purchase of the property by the Central Government. The court observed that the appropriate authority considered the transaction as a sale of 60% of the land and existing building, which was not accurate. The court stated, "It is difficult to see how such an arrangement can be termed as sale of 60 per cent. of the land of the owner as well as in the existing constructed portion of the building as held by the appropriate authority." The court concluded that the order was not valid as it misinterpreted the nature of the transaction.

3. Compliance with the Provisions of Sections 269UE(3) and 269UG(1) of the Income-tax Act:
The court examined whether the provisions of sections 269UE(3) and 269UG(1) were complied with. Under section 269UG, the consideration amount must be tendered to the owner within a specified period. The court found that the consideration was not tendered to the petitioner but was deposited with the appropriate authority, which was incorrect. The court stated, "To us it is quite apparent that the provisions of section 269UG(1) are mandatory and since the amount of consideration has not been tendered in terms of sub-section (1) of section 269UG to the petitioner, the impugned order passed under section 269UD(1) stands abrogated and the property revests in the owner."

4. Alleged Violation of Principles of Natural Justice:
The petitioner argued that the order was arbitrary and violated the principles of natural justice. The court noted that the appropriate authority issued a show-cause notice and considered the replies from the parties. The court held, "Considering the proceedings before the appropriate authority and the time limit under which order is to be made, we do not think the petitioner, the land owner or even the third respondent, the developer, was not granted sufficient opportunity objecting to the proposed acquisition of the property." Therefore, there was no violation of natural justice.

5. Revesting of Property under Section 269UH of the Income-tax Act:
The court concluded that due to the non-compliance with the mandatory provisions of section 269UG(1), the property revests in the petitioner under section 269UH. The court stated, "The property, therefore, which had been vested in the Central Government by virtue of order made under section 269UD(1), that order stands abrogated and the property now revests in the transferor, i.e., the petitioner."

Conclusion:
The court allowed the petition and quashed the order dated February 22, 1995, under section 269UD of the Income-tax Act. Consequently, the communication of the Valuation Officer dated March 1, 1995, taking over possession of the property, was also set aside. The property shall revest in the petitioner. The court made the rule absolute without any order as to costs.

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