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The consent decree u/s 50C granted absolute ownership rights to ...


Consent Decree Affirms Ownership Rights; Court Rules Tax Liability Stays with Vendor, Not New Property Owner.

August 23, 2024

Case Laws     Income Tax     HC

The consent decree u/s 50C granted absolute ownership rights to Smt. Manju Agarwal over the 1314 sq.ft. office premises, allowing her to use, enjoy, and deal with it without objection. The property was sold by Nav Technology Pvt. Ltd., represented by Ms. Anmol Agarwal, without authority from other directors. The executing court cannot direct a person other than the vendor to bear tax liability arising from the transaction, as it would violate Income Tax Act provisions. While the judgment-debtors disregarded the decree's intention, the court cannot ask Smt. Manju Agarwal to shoulder tax responsibility at this stage. Further evidence is required regarding surrender or surrender value of the VIP Road property. As some decree obligations have been complied with, the other prayers cannot be allowed without specific details.

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