Section 230A clearance not required for sale deed executed under a specific performance decree, the objection fails.

Section 230A of the Income-tax Act, 1961 does not apply to a sale deed executed in compliance with a decree for specific performance, because the transfer is not a voluntary conveyance by the assessee but one brought about by force of law. On that reasoning, the objection that a clearance certificate was required before execution and registration of the deed could not be sustained. The decree remained executable, and the revision petition was dismissed as without merit.

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Issues: Whether the objection to execution of a decree for specific performance could be sustained on the ground that a clearance certificate under section 230A of the Income-tax Act, 1961 was required before execution and registration of the sale deed.

Analysis: Section 230A is attracted to voluntary transfers by an assessee and to documents presented for registration in that context. It does not apply to a transfer brought about by force of law or pursuant to an order or decree of court. Since the sale deed in question was to be executed in compliance with a decree for specific performance, the statutory bar relied upon by the judgment-debtors had no application.

Conclusion: The objection based on section 230A failed and was rightly rejected; the decree remained executable.

Final Conclusion: The revision petition was without merit and stood dismissed.

Ratio Decidendi: Section 230A of the Income-tax Act, 1961 does not apply to transfers effected under a court decree, as such transfers are involuntary and not voluntary conveyances by the assessee.

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