TMI Blog2021 (2) TMI 1060X X X X Extracts X X X X X X X X Extracts X X X X ..... at the respondents ought not to have adopted the higher value as the price of the land in 2012 had increased manifold time and that the sale price was negotiated by the petitioner s father during his lifetime in 2010 - HELD THAT:- All the agreements are unregistered agreements. Though it is the case of the petitioner that the sales of the properties were negotiated by her father during his lifetime and had received an advance of ₹ 50 lakhs in respect of the first property in Varadharajapuram Village, Sriperumbadur Taluk, Kancheepuram District, Tamil Nadu from M/s.Tatia Development Private Limited on various dates and manifold increase in the guideline value by the Registration Department in 2012 cannot be the basis to countermand the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of an appeal against the respective assessment orders before the Commissioner of Income Tax (Appeals). Therefore, I do not find any reasons to interfere with the impugned orders. Under these circumstances, there is no merit in these writ petitions. The petitioner is however given a liberty to file a statutory appeal against respective assessment orders before the Commissioner of Income Tax (Appeals), within a period of thirty days from date of receipt of a copy of this order. Pending disposal of the writ petitions, no such recovery proceedings have been initiated. - W.P.Nos.14716 of 2016 & 1613 of 2017 And W.M.P.Nos.12861 & 12862 of 2016 And W.M.P.Nos.1575 & 1576 of 2017 - - - Dated:- 19-2-2021 - Hon'ble Mr. Justice C. Sarav ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ome Tax Act, 1961 for valuation by the second respondent District Valuation Officer, Valuation Cell, Income Tax Department. 6. In respect of the land in Varadharajapuram Village, Sriperumbadur Taluk, Kancheepuram District, Tamil Nadu, the second respondent gave a Preliminary Valuation Report dated 24.03.2016 on reference under Section 55A of the Income Tax Act, 1961. The petitioner asked for time for giving her objection to the report and therefore time was extended up to 20.04.2016 vide communication dated 31.03.2016. 7. Two reports were given in respect of two parcels of land sold to two different buyers, namely M/s.Tatia Development Private Limited and to Mr.S.Dhansekharen and Mrs.D. Sasirekha in Varadharajapuram Village, Sriperumb ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ncheepuram District, Tamil Nadu. 10. It is submitted that before the petitioner s father could complete the sale during his lifetime, unfortunately he died on 15.01.2012. After his death, the petitioner along with her sister, entered into a formal sale agreement dated 28.06.2012 and 03.08.2012 in respect of Varadharajapuram Village, Sriperumbadur Taluk, Kancheepuram District, Tamil Nadu with the two buyers and thereafter completed the formalities for the sale. Copies of the sale deed have not been filed for the purpose of writ petitions. 11. Similarly, for the other properties in Kundrathur Sriperumbadur Taluk, Kancheepuram District, Tamil Nadu, which were sold to Mr.S.Dhansekharen and Mrs.D.Sasirekha pursuant to two sale agreements b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... k statements of petitioner s father for the period between 2010 to 2011, to substantiate the receipt of ₹ 50 lakhs as advance. Then it was for the petitioner also relied on the following case laws in support of the above writ petitions:- i. Commissioner of Income Tax Vs. Vammudi Amarendran 120 taxmann.com 171 (Madras-High Court). ii. Radhakishan Kungwani Vs. Income Tax Officer , 120 taxmann.com 2016 (T). 17. The impugned orders are sought to be defended by the respondents on the ground that the petitioner has an alternate remedy by way of an appeal against respective orders before the Commissioner of Income Tax (Appeals) under Section 246 of the Income Tax Act, 1961. It is further submitted that there are no records to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nsactions and merely by looking at banking transactions in the Bank Passbook, one cannot determine existence of any concluded sale agreement. Therefore, it cannot be construed that the banking transactions of the petitioner s father pertain to the properties which were subject matter of the sale agreements. Further, under Section 17(1)(g) of the Registration Act, 1908, an agreement for sale of immovable property has to be mandatorily registered. 21. There are several disputed questions of fact which in my considered view are best left open to be decided by the authorities under the hierarchy of the Income Tax Act, 1961. Since none of the agreements which have been produced by the petitioner are registered documents, this Court cannot con ..... X X X X Extracts X X X X X X X X Extracts X X X X
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