2008 (8) TMI 507 - HC - Income Tax

Purchase of Immovable Property by Central Government- The petitioner has challenged an order dated February 23 1993 passed under section 269UD(1) of the Income-tax Act 1961 (for short the ITA ) and an order section 269UE(2) of the Income-tax Act dated March 4 1993 thereby holding that the apparent consideration shown by the transferor/transferee in Form No. 37-I of the Income-tax Rules has been grossly understated and therefore subjected the said property for preemptive purchase at the consideration of Rs. 20, 67, 500 (-) 1, 07, 043 19, 60, 456 and therefore directed the transferee to hand over the possession. Held that- the comparative transaction was not considered by the Appropriate Authority properly. There was no material placed on record to determine the fair market value and to arrive at such a conclusion. The Department had also failed to discharge its onus of establishing that the undervaluation was with a view to evade taxes. The order of pre-emptive purchase was not valid.

Summary

Issues:
Challenge of orders under sections 269UD(1) and 269UE(2) of the Income-tax Act, 1961 regarding understated consideration for property purchase.

Analysis:
1. The petitioner contested orders under sections 269UD(1) and 269UE(2) of the Income-tax Act, alleging understated consideration for property purchase. An agreement was made to transfer land at a rate lower than the prevailing market rate, leading to a dispute on the property's value. The petitioner argued that additional costs for compound wall and development charges should be considered, impacting the apparent consideration under section 269UA(1)(i) of the Act.

2. The court considered the petitioner's reliance on a sale instance where a property was sold at a higher rate due to its superior location compared to the disputed property. The Authority's show-cause notice lacked details on valuation differences, relying solely on the petitioner's sale instance. The court noted the total expenses to be added back to the consideration, emphasizing the need to evaluate the agreement comprehensively.

3. Referring to a previous case, the court highlighted the importance of considering all terms and conditions of the agreement to determine the apparent consideration accurately. The court found the Authority's valuation lacking proper reasoning and comparison with comparable properties, emphasizing the impermissibility of comparing incomparable properties.

4. The court criticized the Authority for failing to establish fair market value with reasons and discharge the burden of proving undervaluation for tax evasion. Citing relevant cases, the court concluded that the impugned orders were illegal and invalid due to incorrect rate determination and lack of proper valuation assessment.

5. Consequently, the court allowed the writ petition, quashing the Authority's orders and ruling in favor of the petitioner. The judgment emphasized the necessity of a thorough evaluation of terms and conditions in property agreements and the importance of proper valuation assessments to prevent unjust outcomes.