Jugal Kishore Jajodia v. S. C. Prasad, Chief Engineer (2021)439 ITR 132 /( 2022) 286 Taxman 66 (Bom) (HC)

S. 269UD : Purchase by Central Government of immoveable properties –Transfer of property by charitable Trust – Sanction of Charity Commissioner should be taken in to account – Adequate opportunity was not given – Notice and pre -Emptive purchase was held to be not valid . [ S. 269UC, 269UL, Bombay Public Trust Act, 1950, S. 36, Art , 226 ]

Allowing the petition the Court held that  the show-cause notice was bereft of any materials or details. It did not contain any material to show why the Appropriate Authority felt that an order under section 269UD(1) was required to be made. A reply was filed on April 22, 1993 on behalf of the transferor trust and the petitioner, the buyer. In the order the Appropriate Authority had relied upon a valuation report. Admittedly the report was not provided to the petitioner. Moreover, the Appropriate Authority had given six sale instances but none of these details were provided to the petitioner with the show-cause notice or at any stage. The Court also observed that the approval  of Charity Commissioner ensures reasonableness of the agreement of sale and it was a factor which has to be borne in mind by the Income -tax Authorities while exercising its power under section 269UD of the Act .Referred   Madhukar Sundelal Sheth  v. S.K .laul ( 1992 ) 198 ITR 594 ( Bom) (HC) .The order under section 269UD was not valid. The Appropriate Authority was directed to issue no objection certificate under sub-section (1) of section 269UL of the Act to the petitioner within four weeks of receiving a copy of this order. If there is no such authority, this order should be considered as a “no objection certificate” for the transfer.