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TMI Blog1998 (11) TMI 31X X X X Extracts X X X X X X X X Extracts X X X X ..... mmon vendor. They are aggrieved by the order of the Income-tax Officer who has declared their purchases as void by his order dated April 7, 1994, which concludes as under : "Considering all the above facts, section 281(1) of the Act, is clearly attracted in respect of the sales effected by the assessee on March 6, 1985, and July 15, 1987. I, therefore, treat the following sales of immovable prope ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s that the sale deeds in their favour have been duly registered and that such registration took place after the income-tax clearance certificate had been issued by the Revenue authorities and, consequently, there was full and effective transfer of title over these properties to the petitioners. The sale so effected in their favour cannot be declared "null and void" by the Income-tax Officer who ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n relied upon by the Income-tax Officer. That section declares certain transactions as void. The section, however, does not vest the authority in the Income-tax Officer to make such declaration. Before a transaction involving immovable property can be declared as void, all the requirements of law must necessarily be satisfied. The fact that a statute provides for such a declaration being made, i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rty to a third party with the intention to defraud the Revenue, the Revenue will have to file a suit under rule 11(6) of Schedule II to the Income-tax Act to have the transfer declared void under section 281 of the Income-tax Act. It is, therefore, clear that the Income-tax Officer had no jurisdiction to declare the transaction of sale to which the petitioners were parties as purchasers, as void ..... X X X X Extracts X X X X X X X X Extracts X X X X
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