9911796707
TMI Blog1991 (5) TMI 42X X X X Extracts X X X X X X X X Extracts X X X X ..... . The petitioner, who is the owner of certain property at Kanpur, entered into an agreement of sale with one Mohammed Ibrahim on September 20, 1988, for sale of the said property for a consideration of Rs. 24 lakhs. The petitioner gave intimation of the said agreement to the appropriate authority as contemplated by sub-section (3) of section 269UG. According to sub-section (1) of section 269UD, the appropriate authority has to make an order thereunder within two months from the end of the month in which the intimation aforesaid is received by the appropriate authority. This means that the authority had to pass an order purchasing the property, if it so chose, on or before February 28, 1990. On February 19, 1990, the appropriate authority p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... March 29, 1990. It was again reiterated that "there is no judicial order rescinding or withdrawing or terminating the appointment of the Tahsildar as the receiver. That being so, there is no material before us to show that there is any error apparent on the record." The application for rectification was, accordingly, dismissed. The petitioner then made yet another application on November 12, 1990. In this, he stated that the property was attached for realisation of outstanding excess profits tax demand, that the said demand has been satisfied which would be evident from a copy of the letter dated July 21, 1986, from the Income-tax Officer, Circle-II(a), Kanpur, to the A. D. M. (Finance and Revenue) Collectorate, Kanpur. A copy of the said ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... authority has been filed. It is stated that, for any action to be taken or any order to be passed under Chapter XX-C of the Income-tax Act, the first requirement is that the property in question should be transferable. In this case, the property, being under attachment, is not transferable. If so, no further question can arise either of the authority purchasing the property or of issuing a no objection certificate. A rejoinder affidavit is filed reiterating the contentions of the writ petition. From the facts stated above, it is clear that the main ground for rejecting the petitioner's application appears to be the one stated in the order of the appropriate authority dated January 22, 1991. In short, the authority was not satisfied that t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... amount of consideration payable in case an order of purchase is made by the Central Government shall be tendered to the person or persons entitled thereto within one month of the property vesting in the Central Government. The proviso to sub-section (1) says further that, if any liability for any tax or any other sum, whether payable under the Income-tax Act, Wealth-tax Act, Gift-tax Act, Estate Duty Act or the Companies (Profits) Surtax Act, is remaining payable by any person entitled to receive the consideration under section 269UF, the appropriate authority may pay over the said amount towards the discharge of such liability, after giving due intimation thereof to the person concerned. This is a sufficient safeguard for the Department. I ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
