Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2022 (7) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (7) TMI 1092 - HC - Income TaxValidity of order as exercise of power u/s 281 - Certain transfers to be void - validity of purchase of property being land and farm house - Certain transfers to be void - validity of purchase of property being land and farm house - t the order impugned in declaring th - pendency of the assessment proceedings against the assessee - assessee had created a charge on the said property and parted with the possession by way of sale deed in favour of the Petitioner during the pendency of the assessment proceedings against the assessee and was, therefore, void in terms of Section 281(1) of the Income Tax Act - HELD THAT:- Incidentally, a Division Bench of this Court in the case of Ms. Ruchi Mehta V/s Union of India [2007 (8) TMI 270 - BOMBAY HIGH COURT] which is also impugned in the present petition, followed the ratio of the judgment in Gangadhar’s case and declared the order passed by the TRO in terms of Section 281 of the Act, 1961 as void and without jurisdiction. The order was also held to be bad on the ground that no opportunity was at all given to the Petitioner in the said case before exercising jurisdiction under Section 281, which was thus held to be in violation of principles of the natural justice. Be that as it may, following the ratio of the Supreme Court judgment in the case of Tax Recovery Officer V/s. Gangadhar Vishwanath Ranade [1998 (9) TMI 1 - SUPREME COURT] as also the view already expressed by the co-ordinate bench in the case of Ms. Ruchi Mehta V/s Union of India, we hold that the order impugned in declaring the transfer of the property in favour of the Petitioner as void in terms of Section 281 of the Act, 1961, is without jurisdiction and is, accordingly, set aside. Respondents would be entitled to proceed in the matter by following the due procedure.
|