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TMI Blog2021 (6) TMI 928X X X X Extracts X X X X X X X X Extracts X X X X ..... A) ought to have taken the fact in cognizance that the property remained at Section 10(1) stage of the ULC Act and that the land has not got vested with the Government, in the absence of an order passed under Section 10(3) of the ULC Act. 4. The Ld. CIT(A) failed to appreciate that if the land was really under the ULC Act, the assessee as seller could not have sold the land and the buyer also could not have bought the land from the assessee. 5. The Ld. CIT(A) ought to have remanded the matter for verification of additional evidences/submissions made by the assessee regarding striking off of survey numbers of the land in all documents as the same could have been verified with the buyer. 6. Any other ground that may be urged at the time of hearing." From the above grounds of appeal, it is clear that the issue involved in all the appeals are similar in nature therefore for the sake of convenience and brevity, we decide to take up ITA No. 173/Hyd/2017 and the decision of this appeal shall apply mutatis mutandis to other two appeals. 3. The brief facts of the case are that the assessee filed his Return of Income for the Assessment Year 2008-09 on 31.03.2009 declaring income of R ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mitted that the CIT(Appeals) has wrongly considered the ULC Act which has been repealed by the State Legislature vide Resolution dt. 27.03.2008 and the assessee has unencumbered right on the property and has constructed function hall on the land and later on sold the property and he also strongly objected that the other additional evidences were submitted but the CIT(Appeals) did not give any opportunity to the Assessing Officer before accepting the additional evidences. Therefore, he requested the issue in this ground be restored to Assessing Officer for examination afresh. 5. On the other hand, the ld. AR relied on the order of the CIT(Appeals) and submitted that if ULC Act is admissible in the case on hand then Section 50C cannot be applied. He further submitted that the assessee had requested the Assessing Officer to refer the matter to the DVO but the Assessing Officer denied. In addition to the above, he has filed written synopsis as under: ITA No. 173 (Mr. Ashok Konijeti) is the lead case (other two are protective assessments) In 1995 the assessee entered into an agreement of sale for selling property measuring 6540 square yards to the family members of Sri Kishen Agarw ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd hence the property sold could not fetch the normal market value. After considering all the above facts and after verifying the documents, the learned CIT(A) in paragraph no. 7 of the CIT(A)'s order has rightly held "There is no doubt that lands sold by the appellant was subject matter of ULC Act and hence SRO value cannot be taken as sale consideration." As regards the submission of Ld. DR that the ULC Act was repealed in the same year in which the lands were sold, we wish to state that firstly the sale agreements were entered in the year 1995 and sale deeds were executed in September 2007 and both the events are much before the repealing of ULC Act which was done by passing resolution only on 27.03.2008 and hence the finding of CIT(A) that the lands were subject to ULC Act at the time of sale may please be upheld. We also wish to bring to your honours kind notice the judgment of Hon'ble Supreme Court in the case of S.N. Wadiyar (Dead) Through LR Vs. Commissioner Of Wealth Tax (378 ITR 9) wherein the Apex court has after considering the provisions of ULC Act in detail has held that even though the vacant land in excess of ceiling limit was not acquired by the State G ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ands covered under ULC cannot be registered, therefore they were divided into plots and conveniently the survey numbers of the land was struck of in all the documents so that the registration authority would not know the fact that lands are covered under ULCA. (e) The Government of Andhra Pradesh vide resolution dated 27.3.2008 abolished ULC Act. Thereafter the Hon'ble High Court of Andhra Pradesh vide its order dated 14.10.2008, referring the Govt. of Andhra Pradesh resolution dated 27.3.2008 abated ULC proceedings against the appellant's land of 5.35 Acres. (f) On 11.7.2012 the Government of Andhra Pradesh issued ULC Clearance Certificate to the said lands. (g) Vide letter dated 24.5.2014 the Tahsildar, Asif Nagar Mandal wrote a letter to District Collector, Hyderabad stating that in view of the Hon'ble High Court order recommend to issue NOC for construction of building. 7. Therefore there is no doubt that the lands sold by the appellant was subject matter of ULC Act. The agreement of sale was entered in the year 1995, the sale deeds were executed in 2007 and the property was sold @ Rs. 1000/- per sq.yrd. Therefore the sale deeds were executed prior to the ab ..... X X X X Extracts X X X X X X X X Extracts X X X X
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