1987 (1) TMI 47 - HC - Income Tax

Summary

Issues:
Challenge to proceedings under Chapter XXC of the Income-tax Act, 1961.

Analysis:
The judgment challenges the proceedings under Chapter XXC of the Income-tax Act, 1961, specifically focusing on the order made under section 269UD of the Act for the purchase of immovable properties by the Central Government. The judge acknowledges that the petitions raise substantial questions of law, warranting the issuance of a rule for further examination.

Interim Relief:
The judgment delves into the question of interim relief, considering the safeguards provided under Chapter XXC of the Act for properties vested upon the passing of an order under section 269UD. The court discusses the necessity of certain undertakings to avoid complications during the pendency of the petitions. While the respondents advocate for additional safeguards, the petitioners argue against the need for undertakings, proposing instead to submit information and refrain from prejudicing the respondents' case.

Undertakings:
The judge ultimately decides that undertakings are necessary from the petitioners in cases where both the transferees and transferors are petitioners. The directives include filing affidavits within three weeks, providing particulars of persons occupying or claiming interest in the premises, and undertaking not to sell, transfer, or dispose of the properties. Additionally, the transferors are required to undertake not to plead limitation for non-payment during the stay period.

Consequences of Non-compliance:
The judgment outlines the consequences of non-compliance with the directives, stating that failure to file affidavits within the specified period will result in the vacation of the stay order, enabling the appropriate authority to proceed under Chapter XXC. It also addresses construction, improvements, damages, and alterations to the premises, specifying how these aspects will impact the consideration payable under the Act.

Further Proceedings:
The judgment sets timelines for the respondents to file affidavits in reply and expedites the hearing of the petitions, granting parties the liberty to request a fixed date for the hearing. The order clarifies that the appropriate authority will withhold the consideration amount until the resolution of the petitions, ensuring compliance with the legal provisions under Chapter XXC of the Income-tax Act, 1961.