9911796707
TMI Blog1998 (11) TMI 82X X X X Extracts X X X X X X X X Extracts X X X X ..... entered into an agreement to sell the said property in favour of Electronic Component Industries Association, respondent No. 3, for a consideration of Rs. 14,70,000 only. Vide clause 12 of the agreement it was expressly agreed upon that the purchaser shall pay the transfer charges. On September 8, 1990, the statement of transfer of immovable property under section 269UC of the Income-tax Act, 1961, in the prescribed pro forma 37-I was filed before the appropriate authority duly signed by both the parties to the agreement. On November 21, 1990, the appropriate authority passed an order (annexure P-1) under section 269UD(1) of the Act. The order, inter alia, recites : "Apparent consideration : Rs. 14,70,000 including unearned increase payable ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... deration by the purchaser. In the counter affidavit filed by DDA-respondent No. 4, in CWP No. 3853 of 1990, it is submitted that as per the terms and conditions of auction relevant to the plot on which the building has come up, the written permission for sale or transfer of the floor space constructed on the plot was to be granted on payment of Rs. 100 in the first sale or transfer and subsequently each sale/transfer was liable to be charged by the DDA at rupee one per sq. ft of the floor space to be transferred. Vide para 7, it is stated that 50 per cent. of the unearned increase was not chargeable on the impugned transaction of sale provided written prior permission of the DDA was obtained. On June 8, 1998, CM No. 6712 of 1998 was moved ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tal was, therefore, without any basis and has been inserted in the order arbitrarily. The same deserves to be struck down. Where an order for the purchase of any immovable property by the Central Government is made under section 269UD(1), the Central Government shall under section 269UF pay by way of consideration for such purchase an amount equal to the amount of the apparent consideration. Under section 269UG the said consideration shall be tendered to the person or persons entitled thereto within a period of one month from the end of the month in which the immovable property concerned becomes vested in the Central Government under section 269UE. The amount was admittedly not so tendered. Learned counsel for the petitioner has in supp ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
