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of <h1>Court clarifies income-tax clearance requirement for property transfer</h1> <h3>P. Sunil Versus State Of Kerala And Another</h3> The court held that the value of the undivided interest being transferred, not the total property value, determines the need for an income-tax clearance ... Tax Clearence Certificate, Transfer Of Immovable Property Issues:Interpretation of rule 30(iii) of the Registration Rules (Kerala) in relation to section 230A of the Income-tax Act for registration of property transfer documents.Analysis:The petitioner's father acquired land and settled portions among family members. A sale agreement was entered with Southern Investments for the entire land. However, the registration was withheld due to lack of an income-tax clearance certificate as per rule 30(iii). The main contention was whether the value of the entire property or the interest being transferred should determine the applicability of section 230A and rule 30(iii). The court analyzed the relevant provisions and held that the value of the undivided interest being transferred is the relevant criterion. Citing precedents, the court emphasized that the focus should be on the value of the interest being transferred, not the total property value. Therefore, the insistence on an income-tax clearance certificate based on the entire property value was deemed incorrect.The court referred to section 230A of the Income-tax Act and the amended rule 30(iii) of the Registration Rules (Kerala) to establish that the statutory ceiling should apply to the value of the interest being transferred. The court highlighted that the petitioner's undivided share fell below the statutory limit, making the income-tax clearance certificate unnecessary. Relying on previous judgments, the court reiterated that the value of the interest in the property being transferred is the decisive factor for requiring an income-tax clearance certificate. The court rejected the Revenue's interpretation and clarified that the value of the undivided interest should determine the need for an income-tax clearance certificate, not the total property value.Ultimately, the court concluded that the insistence on an income-tax clearance certificate for the entire property value was unjustified. The court deemed the action of withholding registration based on the lack of an income-tax clearance certificate as without jurisdiction. Consequently, the court quashed the decision and directed the registration of the property transfer document without the need for an income-tax clearance certificate. The original petition was allowed in favor of the petitioner based on the above analysis.
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