LINK INTERNATIONAL Vs. UNION OF INDIA

JUDGEMENT

(1.) CWPs 3853 and 3872/90 are between the same parties and seek reliefs which are more or less identical in nature. Byorder dated 7.10.1993 both the petitions have been directed to be heard together.

(2.) The relevant facts in brief. The immovable property No. 701, Sahyog Building, 58, Nehru Place, New Delhi, belongs to M/s. Link International, the petitioners. On 30.8.90, the petitioners entered into an agreement to sell the said property in favour of M/s. Electronic Component Industries Association the respondent No. 3 for a consideration of Rs. 14,70,000.00 only. Vide Clause 12 of the agreement it was expressly agreed upon that the purchaser shall pay the transfer charges. On 8.9.90 the statement of transfer of immovable property under Section 269UC of the Income-tax Act, 1961 in the prescribed Proforma 37-1 was filed before the Appropriate Authority duly signed by both the parties to the agreement. On 21.11.90, the-Appropriate Authority passed an order (Annexure P-1 ) under Section 269UD(1) of the Act. The order, inter alia, recites :" Apparent Consideration: Rs. 14,70,000.00 including unearned increase payable to DDA, if any." (Emphasis supplied).

(3.) On 3.12.1990, CWP 3853/90 was filed challenging the impugned order dated 21.11.90 Annexure P-l and in the alternative seeking quashing of the impugned order to the extent of the words inserted in the recital of apparent consideration as" including unearned increase payable to DDA, if any". On 5.12.1990 CWP 3872/90 was filed by the petitioner wherein also challenge is laid to the impugned order dated 21.11.1990. However, the main plea in this petition is declaring Chapter XX-C of the Income-tax Act, 1961 as ultra vires the Constitution.