TaxTMI 
TaxTMI 
2008 (1) TMI 19
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....on is without jurisdiction. 3. The petitioner's case is as under :- The property was purchased on 3^rd December, 1974 when the petitioner was a minor in his name by his father. A house was constructed thereon somewhere in 1979-80. The petitioner was born on 25^th October, 1969. The property and the property along with the house is shown as standing in the petitioner's name atleast since the year 1979-80. The petitioner on attaining majority effected necessary corrective entries on 25^th October, 1988 in the record of Khopoli Nagar Parishad as well as the record of the Tahsildar at Khopoli. 4. There was a search and seizure operation conducted under Section 132 of the Income Tax Act, 1961 against the petitioner'....
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.... 11^th October, 2007 the petitioner was informed that his objections were rejected and the auction proceedings are being initiated in respect of the attached property to recover the arrears of tax dues. Petitioners contention is that Section 222 of the Income Tax Act would not apply and consequently the action of the respondents is without authority of law. Hence the reliefs as prayed for. Reply has been filed by Elsy Mathew, Tax Recovery Officer. It is contended that the property was inherited property and not self acquired property. Reliance is placed on the explanation to Section 222(1) of the Income Tax Act. Based on that it is set out that the respondents are entitled to in law to attach and sale the property. 5. The questions....
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.... the purposes of this sub-section, the assessee's movable or immovable property shall include any property which has been transferred, directly or indirectly on or after the 1^st day of June, 1973, by the assessee to his spouse or minor child or son's wife or son's minor child, otherwise than for adequate consideration, and which is held by, or stands in the name of any of the persons aforesaid; and so far as the movable or immovable property so transferred to his minor child or his son's minor child is concerned, it shall, even after the date of attainment of majority by such minor child or son's minor child, as the case may be, continue to be included in the assessee's movable or immovable property for recovering any arrears due from the ....
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.... to. It is, therefore, clear that the transfer would include sale, exchange or relinquishment of the assets. In the instant case the property was purchased in the name of the minor as in law a minor cannot contract. That purchase was in the year 1974. The property continued to be in the name of the minor. The dictionary meaning of "transfer" in K.J. Aiyar's Judicial Dictionary reads amongst others as under:-"Transfer must carry with it "from" and "to". In case either of them is wanting, there can be no transfer." 9. In our opinion, therefore, considering the definition of transfer and the dictionary meaning of transfer, on the facts of this case there would be no transfer in so far as the immovable property is concerned. 10. The next ....