2010 (7) TMI 123 - HC - Income Tax

Proceedings u/s 269A transfer of property at price lower than market price Held that - When a deed of conveyance in respect of an immovable property is executed one has to estimate some value thereof for the purposes of payment of stamp duty and registration charges. When the parties mentioned the consideration in the deed of conveyance dated 25.9.1986 it was for that purpose and not as the real consideration for the conveyance which as stated was a transaction of exchange of a house for a house. It is possible that the manner in which the Valuation Officer and the learned Competent Authority have determined the value of the Delhi property, the value of Ludhiana property determined by them might have been about Rs. 28,00,000/-. Therefore, in the absence of that exercise it is not possible to say that the consideration for the property in question is under stated in the deed of conveyance. Decision of ITAT confirmed

Summary

Issues:
1. Validity of acquisition proceedings under Section 269A of the Income-Tax Act, 1961.
2. Determination of fair market value of the property in question.
3. Consideration of distress sale factors in property valuation.
4. Assessment of apparent consideration versus fair market value.
5. Legality of initiation of acquisition proceedings.

Analysis:
1. The case involved the Competent Authority initiating acquisition proceedings under Section 269A of the Income-Tax Act, 1961 for a property in New Delhi. The property was sold to new owners at a stated consideration of Rs. 15 lacs, while the Competent Authority valued it at Rs. 30 lacs, leading to the initiation of acquisition proceedings.

2. The respondents appealed to the Income Tax Appellate Tribunal, which accepted the value of the property at Rs. 15 lacs based on specific circumstances. The Tribunal set aside the acquisition proceedings, stating that there was no valid reason to believe that the fair market value of the property was Rs. 30 lacs as determined by the Competent Authority.

3. The respondents argued that the sale was a distress sale due to various factors, including the Sikh community's desire to migrate post-1984 riots, the property's damaged condition, and the surrounding environment. The Tribunal considered these distressing factors in evaluating the property's value and found the stated consideration of Rs. 15 lacs to be reasonable.

4. The Tribunal analyzed the apparent consideration versus the fair market value, emphasizing the need to compare the value of the property exchanged in Ludhiana and the cash payment to ensure the consideration was not understated. It was highlighted that the Competent Authority failed to determine the fair market value of the Ludhiana property, making it difficult to assess if the consideration was undervalued.

5. Ultimately, the High Court agreed with the Tribunal's approach, finding the appeals to be without merit and dismissing them. The Court concurred with the Tribunal's decision to set aside the acquisition proceedings, emphasizing the lack of valid reasons for believing the fair market value exceeded the apparent consideration by more than 15 percent.

This detailed analysis of the judgment highlights the key legal issues involved, the arguments presented by the parties, and the reasoning behind the decisions made by the Tribunal and the High Court.