1987 (11) TMI 67 - HC - Income Tax

Summary

Issues:
1. Quashing of orders passed by income-tax authorities and direction to acquire a house under Income-tax Act, 1961.
2. Cancellation of sale deed on grounds of undervaluation.
3. Jurisdiction of the competent authority under section 264 of the Act.
4. Definition of "person interested" under section 269A(g) of the Act.
5. Maintainability of the writ application by the petitioners.
6. Tenant's right to be heard in acquisition proceedings.

Analysis:

1. The petitioners sought to quash orders by income-tax authorities and acquire a house under the Income-tax Act, 1961, due to alleged undervaluation. The property was sold to a third party, leading to proceedings under section 269C for acquisition. The petitioners expressed willingness to purchase the property at a higher value, but the proceedings were dropped after a departmental valuation. The petitioners challenged this decision through a writ application.

2. The sale deed was contested for undervaluation, prompting the income-tax authorities to consider acquisition under section 269C. Despite the petitioners' offer to purchase at a higher price, the proceedings were terminated based on a lower valuation. The petitioners then invoked section 264, questioning the jurisdiction of the competent authority and their status as "persons interested" under section 269A(g).

3. The petitioners raised concerns regarding the jurisdiction of the competent authority under section 264 of the Act. The authority dismissed their application, stating lack of jurisdiction and their status as "persons interested." This led the petitioners to approach the High Court through a writ application.

4. The definition of "person interested" under section 269A(g) was crucial in determining the petitioners' standing in the acquisition proceedings. The court emphasized that only those with a claim or interest in compensation are considered interested persons. Tenants, although entitled to notice, do not possess such rights in compensation.

5. The main issue revolved around the maintainability of the writ application by the petitioners. The court scrutinized the provisions of the Act to assess the petitioners' locus standi in challenging the income-tax authorities' decisions. The court highlighted the specific criteria for individuals to be considered "persons interested" in such matters.

6. The court referenced precedents to address the tenant's right to be heard in acquisition proceedings. Citing cases from Karnataka and Delhi High Courts, the judgment emphasized that tenants, not being "persons interested," lack standing in writ proceedings challenging acquisition decisions. The court dismissed the writ application, emphasizing the tenant's limited role in administrative acquisition proceedings.