Professional Documents
Culture Documents
14
Land, building, part of building, with plant, machinery, furniture, fittings, agreed
to be transferred. It includes any rights therein
Any rights with regard to land, building, part of building with or without plant,
machinery, furniture, fittings. It also includes rights in respect of the building,
part of the building to be constructed. Any rights in respect of land, building
with or without plant, machinery, furniture, fittings
Transfer of immovable property by way of Lease for a period of not less than 12
years (if the original lease is for a period less than 12 years, the terms of transfer
provides for extension of the lease period and if the a total of the original lease
period and extended period is not less than 12 years such transaction is also is
covered).
Generally the immovable property falls within the local limits of one Appropriate
Authority. In such a case, the concerned Appropriate Authority will deal with the
transfer of such property.
In certain cases, the immovable property may spread over the local limits of two or
more appropriate authorities. In such cases, the location of registering authority of
such immovable property is the determining factor. The Appropriate Authority in
whose local limits the office of the registering authority is located shall deal with the
transfer of the immovable property (Rule 48J).
The Appropriate Authority has all the powers of the Commissioner of Income Tax,
as detailed in Sec 131 of the Income Tax Act, 1961 (Sec.269Ul).
Fiscal Limits: (Sec 269 UC) Rule 48K)
The Chapter XX-C of the Income Tax Act 1961 is applicable to transfer of immovable
properties exceeding the values prescribed by this chapter. Earlier it was Rs. 5.00
lakhs, which was later increased to Rs. 10.00 lakhs at present effective from 1-8-95, as
per Rule 48K the different values are fixed for different local areas. The details are as
follows:
Both the parties have to enter into an agreement at least four months earlier to
the intended date of transfer.
The statement in the Format 37-I should be signed and verified by both the
transferor and the transferee should be signed and verified by both the
transferor and transferee or by the parties acting on their behalf.
Form No. 37-1 is a composite one. All the paras of Form No. 37-1 need not be filled.
The prescribed format of 37-1 is a composite one. Used for all transactions, sale,
lease, exchange and the parties need fill only relevant paras. Appropriate Authority
has to take an objective view to examine the evasion of tax while examining the
statement of 37-1 and cannot act in a mechanical fashion. (DLF Universal Vs.
Appropriate Authority (2000) 243 ITR 730,749-50 (SC).
Summary of conclusions on various Judgments involved in pre-emptive purchase
His Lordship, Mr. Justice Y.K. Sabharwal in cases Mahesh Chandra Agarwal V.
Union of India and other cases (1998) 231 ITR 318, 445-447 (Delhi) has summarized
the conclusions on various legal issues involved in the proceedings for pre-emptive
purchase. Some of them are:
The value of the said property exceeds the prescribed limit cannot be transferred
and the deed of transfer cannot be registered by any registering authority unless
Appropriate Authority issues "No Objection Certificate" stating it has no
objection to transfer the property as per the terms stated in Form 37-1 received by
the Appropriate Authority. Such certificate should be furnished to the registering
authority.
If the Appropriate Authority does not make an order for purchase of immovable
property within the time prescribed or such order gets cancelled, the Appropriate
Authority shall issue No Objection Certificate (S269UL).
Restrictions on registration and entering into an agreement of transfer and filing 37-1
are not applicable to Court Auction Sales or Auction Sales by official assignee.
The provisions of the Chapter XX-C are not applicable in case of transfer of
immovable property to transferor's relatives out of natural love and affection.
However, the agreement should contain such fact (Sec. 269 UO). It is to be noted
that the criteria for preemptive purchase by Central Government is evasion of
tax and accumulation of unaccounted money by understating the consideration
amount. Understating the consideration amount itself does not attract the
provisions of the chapter.
Income Tax Clearance Certificate (Sec 230A and Rule 44A & 44B) since deleted.
As per Section 230A of the Income tax Act, 1961, registration of document of
conveyance of immovable property of value more than Rs. 5.00 lakhs, was
permitted only on production of Income tax clearance certificate by the seller.
The prescribed format was 34-A. This section is deleted in Finance Act 2001.
114-B and
In case of transactions of Rs. 5.00 lakhs or more of immovable property shall quote
Permanent Account Number or General Index Number.
If a person has not been allotted Permanent Account Number or does not have
General Index Number and if the payment is made by way of cash a declaration in
the prescribed format 60 should be made.
If such person has only agricultural income and not in receipt of any other income
chargeable to income tax he should file declaration in the prescribed format 61.
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