1992 (2) TMI 187 - AT - Income Tax

Issues Involved:
1. Time limit for initiation of acquisition proceedings under Section 269D.
2. Validity of initiation of proceedings under Section 269C(1).
3. Validity of individual notices issued to the appellants.
4. Determination of the fair market value of the property.

Detailed Analysis:

1. Time Limit for Initiation of Acquisition Proceedings under Section 269D:
The appellants argued that the acquisition proceedings were initiated beyond the time limit prescribed under Section 269D. The agreement of sale was registered on 16th Nov., 1985, and the proceedings should have been initiated by 31st Aug., 1986. However, the notice was published in the Official Gazette on 4th Oct., 1986. The Tribunal held that the initiation of proceedings was barred by the limitation of time, rendering the acquisition proceedings invalid in law. Consequently, the order of acquisition under Section 269F(6) was annulled.

2. Validity of Initiation of Proceedings under Section 269C(1):
The appellants contended that there was no material or evidence to show that the competent authority had reason to believe that the apparent consideration was less than the fair market value with the object of tax evasion. The Tribunal relied on the Supreme Court's judgment in K.P. Varghese vs. ITO, which stated that the Revenue must prove that the consideration was understated and the assessee received more than what was declared. The Tribunal found that the competent authority relied solely on the fact that the fair market value exceeded the apparent consideration by more than 25%, which was insufficient for initiating proceedings under Section 269C(1). Therefore, the initiation of acquisition proceedings was invalid, and the order of acquisition was annulled.

3. Validity of Individual Notices Issued to the Appellants:
The appellants argued that the use of the conjecture "and/or" in the notice for the two clauses of Section 269C(1)(a) and (b) indicated that the competent authority had not formed a clear opinion. The Tribunal upheld this contention, citing the Bombay High Court's judgment in Udharam Aildas Thadani & Ors. vs. IAC & Ors., which held that the formation of belief or opinion was a jurisdictional fact. The use of "and/or" indicated a lack of clarity, rendering the initiation of proceedings invalid.

4. Determination of the Fair Market Value of the Property:
The Departmental Valuation Officer valued the property at Rs. 70.55 lakhs, based on comparable sale instances. The appellants argued that the property had several disadvantages, such as being on leasehold land for 40 years, lack of independent sanitary facilities, and no direct entrance from the main road. The Tribunal found that the competent authority had ignored comparable sale instances cited by the appellants in the same building and adjacent buildings. The Tribunal concluded that the competent authority had not established that the fair market value exceeded the apparent consideration by more than 15%, as required by the second proviso to Section 269C(1). Therefore, the acquisition proceedings were not validly initiated, and the order of acquisition was annulled.

Conclusion:
The Tribunal allowed the appeals, holding that the acquisition proceedings were initiated beyond the prescribed time limit, lacked material evidence for initiation, had defective notices, and did not establish that the fair market value exceeded the apparent consideration by the required margin. Consequently, the order of acquisition under Section 269F(6) was annulled.

← Previous Next →