1978 (11) TMI 22 - HC - Income Tax

Summary

Issues Involved:
1. Validity of acquisition proceedings under Chapter XXA of the Income-tax Act.
2. Compliance with procedural requirements under sections 269C and 269D.
3. Constitutional validity of Chapter XXA of the Income-tax Act.
4. Bona fide nature of the proceedings initiated by the competent authority.
5. Adequacy and relevance of the reasons recorded for initiating acquisition proceedings.

Issue-wise Detailed Analysis:

1. Validity of Acquisition Proceedings under Chapter XXA of the Income-tax Act:
The petitioner company argued that the acquisition proceedings initiated under Chapter XXA of the Income-tax Act were invalid and without jurisdiction. The court examined whether the competent authority had complied with the procedural requirements and whether the reasons recorded for the initiation of proceedings were adequate and relevant.

2. Compliance with Procedural Requirements under Sections 269C and 269D:
The court scrutinized the procedural compliance with sections 269C and 269D. It was noted that the competent authority must form an opinion that the fair market value of the property exceeds Rs. 25,000 and that the transfer was for an apparent consideration less than the fair market value. The court found that the reasons recorded did not meet these mandatory requirements. The notice issued under section 269D(1) was also found to have discrepancies, such as incorrect dates, which indicated non-application of mind.

3. Constitutional Validity of Chapter XXA of the Income-tax Act:
The petitioners challenged the constitutional validity of Chapter XXA, arguing it violated Articles 19(1)(f) and (g), 31, and 31A of the Constitution. The court referred to the Orissa High Court's decision in Basudev Sahu v. Union of India, which upheld the validity of Chapter XXA, stating that it aimed to tackle the menace of black money and tax evasion, thus serving a public purpose.

4. Bona Fide Nature of the Proceedings Initiated by the Competent Authority:
The petitioners alleged that the proceedings were initiated as a mere cloak or pretence for a roving enquiry or fishing investigation. The court agreed, noting that the reasons recorded by the competent authority did not demonstrate a bona fide belief that the conditions precedent for initiating proceedings were met. The court found that the initiation of proceedings was not based on relevant material and was therefore void.

5. Adequacy and Relevance of the Reasons Recorded for Initiating Acquisition Proceedings:
The court examined the adequacy and relevance of the reasons recorded by the competent authority. It was found that the reasons did not have a rational connection with the formation of the belief required under section 269C. The court held that the reasons recorded were not those of a reasonable man and did not comply with the statutory requirements.

Conclusion:
The court concluded that the acquisition proceedings initiated under Chapter XXA were void ab initio due to non-compliance with the mandatory requirements of sections 269C and 269D. The reasons recorded for initiating the proceedings were found to be inadequate and irrelevant, indicating a lack of bona fide belief. The constitutional validity of Chapter XXA was upheld, but the specific proceedings in this case were quashed. The rule was made absolute, and the respondents were allowed to initiate fresh proceedings in accordance with the law if permissible. The prayer for a stay of the operation of this order was refused.