1998 (10) TMI 69

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....ell the said property if he so chooses and he sought permission under section 230A of the Act for sale of the said property from the assessing authority. The petitioner contended before the Assessing Officer that he had no existing liability as prescribed under section 230A of the Income-tax Act and fulfils all the requirements and conditions of section 230A and rules 44A and 44B of the Income-tax Rules, as such the respondents are obliged to issue the certificate under section 230A of the Act. According to the petitioner, the property was agreed to be sold at a value of Rs. 22 lakhs. The Assessing Officer refused to grant the certificate on the ground that a suit was filed by the Income-tax Department to declare that the settlement arrived....

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....ither paid or made satisfactory provision for payment of all existing liabilities under this Act, the Excess Profits Tax Act, 1940 (15 of 1940), the Business Profits Tax Act, 1947 (21 of 1947), the Indian Income-tax Act, 1922 (11 of 1922), the Wealth-tax Act, 1957 (27 of 1957), the Expenditure-tax Act, 1957 (29 of 1957), the Gift-tax Act, 1958 (18 of 1958) the Super Profits Tax Act, 1963 (14 of 1963), and the Companies (Profits) Surtax Act, 1964 (7 of 1964) ; or (b) the registration of the document will not prejudicially affect the recovery of any existing liability under any of the aforesaid Acts. (2) The application for the certificate required under sub-section (1) shall be made by the person referred to in that sub-section and shall b....