2012 (2) TMI 123 - HC - Income Tax

Court quashes property valuation order, emphasizes historical transactions for fair market value

The High Court quashed the Appropriate Authority's order, emphasizing the need to consider historical transaction details for property valuation. The ... Pre-emptive purchase u/s 269UD – allocation of residential plot on 24.02.94 – Assignee of letter of allocation entering into agreement with builders for development of plot on 12.06.96 – Revenue contending evaluation of FMV of property on the date when form 37-I was filed i.e. 25.08.2000 – petitioner contending for evaluation on date of agreement – Held that:- Division Bench in the order dated 18.10.2010 while remitting matter back observed that the private agreement can be looked into by the Appropriate Authority. From the past history of transaction it is obvious that the parties had contracted on the basis of the then prevailing market rate of land. Moreover, this sale consideration is comparable with other instances in which the Appropriate Authority had granted the permission/No Objection Certificate during the relevant period.Therefore, condition stipulated in Section 269UD of difference being more than 15% between the fair market value and the apparent sale consideration is not satisfied. Hence, impugned order is set aside and direction is issued to Appropriate authority to grant permission/No Objection Certificate within stipulated time. See DLF Universal Ltd (2000 - TMI - 5795 - SUPREME Court) – Decided in favor of petitioner. Issues Involved:1. Jurisdiction and applicability of the relevant date for property valuation.2. Consideration of historical transaction details in property valuation.3. Compliance with judicial directions and principles of natural justice.Issue-wise Detailed Analysis:1. Jurisdiction and Applicability of the Relevant Date for Property Valuation:The primary issue in this case was whether the Appropriate Authority should determine the fair market value of the property based on the date of the initial private agreement or the date when Form 37-I was filed. The Appropriate Authority held that the relevant date for determining the fair market value was the date when the agreement for transfer was reduced into writing in Form 37-I, which was 24.08.2000. This stance was based on the Supreme Court's judgment in the case of DLF Universal Ltd., which stated that 'the foundation for the exercise of jurisdiction by the Appropriate Authority u/s 269UD is the statement in Form No. 37-I and not the agreement for transfer.'2. Consideration of Historical Transaction Details in Property Valuation:The petitioners argued that the history of the transaction, including the initial agreement and payments made, should be considered for determining the fair market value. The Appropriate Authority rejected this contention, holding that only the date on Form 37-I was relevant. However, the Division Bench in its previous order dated 18.10.2010 had directed the Appropriate Authority to consider the past history of the transaction, including the private agreement dated 12.06.1996 and payments made between February 1995 to May 1996. The Division Bench emphasized that the proforma agreement (Form 37-I) should be accompanied by the private agreement, and both should be considered for valuation.3. Compliance with Judicial Directions and Principles of Natural Justice:The Appropriate Authority's decision to disregard the historical transaction details was contrary to the specific directions given by the High Court in its order dated 18.10.2010. The High Court had explicitly stated that the private agreement could be looked into by the Appropriate Authority. The court observed that the land rate in the year 2000 could not have been the basis for valuation as the sale transaction had its own history, with substantial payments made by June 1996. The High Court also noted comparable sale instances where the Appropriate Authority had granted permission during 1994-95, which supported the petitioner's declared sale consideration.Conclusion:The High Court quashed the order dated 22.02.2011 passed by the Appropriate Authority, holding that the Authority failed to comply with judicial directions and did not consider relevant historical transaction details. The court directed the respondent to grant the No Objection Certificate within four weeks, emphasizing the principles laid down in the case of Kailash Suneja vs. Appropriate Authority, which stipulate that the fair market value should be determined based on the actual transaction history and comparable instances, not merely on abstract or arbitrary adjustments.