9911796707
TMI Blog2014 (5) TMI 896X X X X Extracts X X X X X X X X Extracts X X X X ..... ioner is a medical doctor and purchased a property by means of a registered sale deed on 25.9.2007 from Sri Ajay Kumar Agrawal on a consideration of Rs. 7 lakhs. The stamp duty was paid in accordance with the circle rate which was Rs. 12 lakhs. Pursuant to the said sale deed, the petitioner contends that he came in possession. It transpires that assessment proceedings for the assessment year 2005- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ontended that the recital in the conveyance deed clearly mentioned that the property was free from all encumbrances. The petitioner further placed reliance on the decision of the Supreme Court in Tax Recovery Officer Versus Gangadhar Vishwanath Ranade (deceased) 1998 (234) ITR 118 in which it was held that Section 281 is only a declaratory provision and is not an adjudicatory provision entitling t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ned order dated 15.1.2013 was passed holding that there was inadequate consideration in the transfer of the property by Ajay Kumar Agrawal in favour of the petitioner and therefore the conveyance was a void document. The petitioner, being aggrieved by the said order, has filed the present writ petition. Heard Sri Shubham Agrawal, the learned counsel for the petitioner and Shri Shambhoo Chopra, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ee. The Supreme Court held that section 281 did not prescribe any adjudicatory machinery for deciding any question which may arise under section 281 and that in order to declare a transfer as fraudulent under Section 281, an appropriate proceeding in accordance with law was required to be taken under section 53 of the Transfer of Property Act. The Supreme Court held that the Income Tax Officer, in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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