2019 (12) TMI 84 - SC - Income Tax

Review petition - pre-emptive purchase passed by the appropriate authority u/s 269UD - HELD THAT - In appeal before this Court, the appellants reiterated largely the same submissions which were addressed in the High Court and also put forward a few new submissions. However, this Court found no reason to accept those submissions while holding that the appropriate authority and the High Court were right in their respective approach, the reasoning and the conclusion. This Court found that a categorical finding was recorded by the appropriate authority that the fair market value of the property in question was 15% more than the apparent consideration mentioned by the parties in the agreement of sale. This Court found no reason to hold a fresh inquiry into the issues, which are largely of facts, particularly when the issues had already been examined at four stages i.e., first by the appropriate authority; then by the learned Single Judge of the High Court; further by the Division Bench of the High Court in intra-court appeal; and lastly, again by the Division Bench of the High Court in review petition. In the totality of the circumstances of the case, after having gone through the contents of the review petitions, we do not find any error apparent on the face of record so as to reconsider the matter over again; and we see no reason to interfere.

Summary

Issues:
Review of judgment dismissing appeals against pre-emptive purchase order under Section 269UD of Income Tax Act, 1961.

Analysis:
The petitioners sought review of the judgment dismissing their appeals against the pre-emptive purchase order under Section 269UD of the Income Tax Act, 1961. The case involved the prospective purchase of a parcel of land along with structures. The appropriate authority found the apparent sale consideration to be lower than the actual value and ordered compulsory purchase by the Central Government at the agreed rate. The appellants challenged this order through various legal avenues, including a writ petition and intra-court appeals, all of which were unsuccessful. The Supreme Court, upon hearing the appellants' submissions, upheld the decisions of the appropriate authority and the High Court, finding no reason to interfere. The Court noted that multiple levels of scrutiny had already been conducted on the matter, and there was no need for a fresh inquiry into factual issues. Ultimately, the Supreme Court dismissed the review petitions, stating that no error was apparent on the face of the record to warrant reconsideration of the matter.

This comprehensive analysis of the judgment highlights the legal journey of the case from the initial order of compulsory purchase to the final dismissal of review petitions by the Supreme Court. The issues of valuation, legal challenges, and the reasoning behind the decisions at each level of the judicial process are thoroughly examined. The summary maintains the legal terminology and key details of the judgment, providing a clear understanding of the case's progression and ultimate outcome.