| Case ID |
391aa77e-dbd0-4dc1-9ce3-49b686e5e493 |
| Body |
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| Case Number |
WP (C) Nos. 395 AND 420 OF 1987 |
| Decision Date |
Jan 15, 2004 |
| Hearing Date |
|
| Decision |
The Delhi High Court ruled that in the case of the petitioner, the agreement for the purchase of immovable property executed on June 11, 1986, is governed by Chapter XX-A of the Income-tax Act, 1961, rather than Chapter XX-C, which came into effect on October 1, 1986. The court found that the filing of Form No. 37-I was inconsequential in determining the applicable chapter. The decision referenced the earlier case of Bhatia Apartments (P.) Ltd. v. Union of India, reaffirming that the act of submitting the application in Form No. 37-I does not affect the applicability of Chapter XX-C. Consequently, the writ petitions were allowed without any orders as to costs. |
| Summary |
This case involves a legal dispute regarding the applicability of specific chapters of the Income-tax Act, 1961, concerning the purchase of immovable property by the Central Government. The petitioner, Master Vincent Cleetus, had an agreement executed in June 1986, and the issue arose regarding whether Chapter XX-C, which was introduced later, would apply to his case. The Delhi High Court clarified that the provisions of Chapter XX-A were applicable based on the timeline of the agreement and subsequent actions taken by the petitioner. This case highlights important considerations in property law and tax regulations in India, particularly the implications of regulatory changes on existing agreements. Key terms include 'Income-tax Act', 'Chapter XX-A', 'Chapter XX-C', and 'Form No. 37-I'. The ruling sets a precedent for similar cases involving the timing of property transactions and relevant tax regulations. |
| Court |
Delhi High Court
|
| Entities Involved |
Not available
|
| Judges |
B.C. Patel, C.J.,
Badar Durrez Ahmed, J.
|
| Lawyers |
M.S. Syali,
Satish Khosla,
Manu K. Giri,
R.D. Jolly
|
| Petitioners |
Master Vincent Cleetus
|
| Respondents |
Union of India
|
| Citations |
2005 SLD 2493,
(2005) 276 ITR 304
|
| Other Citations |
Bhatia Apartments (P.) Ltd. v. Union of India [2001] 252 ITR 244/[2003] 128 Taxman 585 (Delhi)
|
| Laws Involved |
Income-tax Act, 1961
|
| Sections |
269UC,
269AB
|