1992 (10) TMI 63 - HC - Income Tax

High Court declines to rule on Circular No. 455's effect in property acquisition case under Income-tax Act

The Kerala High Court Division Bench declined to adjudicate on the legal effect of Circular No. 455 dated May 16, 1986, issued by the Central Board of ... Application To Proceedings, High Court Issues involved: The judgment addresses the issue of whether administrative circulars issued by the Central Board of Direct Taxes under the Income-tax Act can supplement or supplant statutory provisions, specifically in relation to proceedings under Chapter XX-A of the Income-tax Act.Summary:The Division Bench of the Kerala High Court considered an appeal filed by the Revenue against the Appellate Tribunal's decision in a case involving proceedings under Chapter XX-A of the Income-tax Act. The proceedings were initiated against the assessees for acquisition of immovable properties in cases of tax evasion. The appeal raised the question of the legal effect of Circular No. 455 dated May 16, 1986, issued by the Central Board of Direct Taxes, which provided guidelines for acquisition proceedings under the Income-tax Act.Circular No. 455, dated May 16, 1986, set out guidelines for acquisition of immovable properties under Chapter XX-A of the Income-tax Act. It specified that acquisition proceedings would not be initiated for properties with an apparent consideration of Rs. 5 lakhs or less. However, the court found that the proceedings in the case had concluded before the circular came into effect, rendering it inapplicable. As a result, the court declined to adjudicate on the question of the circular's legal force.The court concluded that since the circular did not apply to the case at hand, the issue of its binding nature did not arise for consideration. Therefore, the court declined to answer the question referred to the Full Bench and decided to post the matter before the Division Bench for further proceedings.