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of <h1>Court sets aside acquisition order due to lack of proper valuation; highlights importance of fair market value determination</h1> <h3>Mantri Oswal Hsg. Co. (P.) Ltd. Versus Union of India</h3> Mantri Oswal Hsg. Co. (P.) Ltd. Versus Union of India - TMI Issues:Challenge to order under Section 269UD(1) of the Income Tax Act, 1961 regarding purchase of land by Central Government based on fair market value determination.Analysis:1. Fair Market Value Determination:The petitioner challenged the order dated 24 February 1995 for not determining the fair market value of the property, as required by law. The petitioner argued that without determining the fair market value, the order cannot be sustained, citing the precedent in Vimal Agarwal v. Appropriate Authority [1994] 210 ITR 16. The petitioner highlighted differences between the subject property and a compared property, emphasizing that the properties were not comparable due to various factors like location and encumbrances.2. Comparability of Properties:The petitioner contended that the subject property being a leasehold outside Pune Municipal Corporation was not comparable to the compared property situated within the corporation limits. The petitioner stressed that differences in location and property type must be factored in for a fair comparison, which was not done in the impugned order.3. Encumbrances and Consideration:The petitioner argued that encumbrances on the subject property, such as existing loans and permissions required, were not considered in the valuation process. Additionally, the consideration paid by the petitioner included costs for construction of a specific area, which the Appropriate Authority failed to account for in determining the property's value.4. Legal Precedents and Interpretation:The respondent, representing the Revenue, defended the impugned order, asserting that the fair market value was implicitly determined based on the compared property's sale price. The respondent relied on legal precedents to support the position that the absence of an explicit fair market value determination did not invalidate the acquisition process.5. Judicial Interpretation and Conclusion:The Court analyzed the arguments presented by both parties and emphasized the importance of determining the fair market value to ascertain under-valuation. Referring to the Vimal Agarwal case, the Court highlighted the uniqueness of properties and the necessity to consider various factors for valuation. The Court concluded that the impugned order lacked a proper determination of fair market value, making it unsustainable in law. The Court also noted the failure to consider the market value of the constructed area provided as part of the consideration. Ultimately, the Court allowed the petition, ruling in favor of the petitioner and directing the acquisition to be set aside.In summary, the judgment focused on the necessity of determining the fair market value of the property, considering comparability, encumbrances, and all relevant factors for a valid acquisition under Section 269UD(1) of the Income Tax Act, 1961.
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