What are Objections? What is Hearing of objections?
269E and 269F of Income Tax Act 1961
Objections and Hearing of objections are defined under section
269E and 269F of Income Tax Act 1961. Provisions under these Sections
Section 269E of Income Tax Act "Objections"
Section 269E. (1) Objections against the acquisition of
the immovable property in respect of which a notice has been
published in the Official Gazette under sub-section (1) of
section 269D may be made-
(a) by the transferor or the transferee or any other
person referred to in clause (a) of sub-section (2) of that
section, within a period of forty-five days from the date of
such publication or a period of thirty days from the date of
service of notice on such person under the said clause,
whichever period expires later ;
(b) by any other person interested in such immovable
property, within forty-five days from the date of such
(2) Every objection under sub-section (1) shall be made
to the competent authority in writing.
(3) For the removal of doubts, it is hereby declared that
objection may be made under sub-section (1) that the
provisions of clause (a) of sub-section (2) of section 269C
do not apply in relation to any immovable property on the
ground that the fair market value of such property does not
exceed the apparent consideration therefor by more than
twenty-five per cent of such apparent consideration.
Section 269F of Income Tax Act "Hearing of
Section 269F. (1) The competent authority shall fix a day
and place for the hearing of the objections made under
section 269E against the acquisition under this Chapter of
any immovable property, and shall give notice of the same to
every person who has made such objection :
Provided that such notice shall also be given to the
transferee of such property even if he has not made any such
(2) Every person to whom a notice is given under
sub-section (1) shall have the right to be heard at the
hearing of the objections.
(3) The competent authority shall have the power to
adjourn the hearing of the objections from time to time.
(4) The competent authority may, before disposing of the
objections, make such further inquiry as he thinks fit.
(5) The decision of the competent authority in respect of
the objections heard shall be in writing and shall state the
reasons for the decision with respect to each objection.
(6) If after hearing the objections, if any, and after
taking into account all the relevant material on record, the
competent authority is satisfied that,-
(a) the immovable property to which the proceedings
relate is of a fair market value exceeding one hundred
thousand rupees ;
(b) the fair market value of such property exceeds the
apparent consideration therefor by more than fifteen per
cent of such apparent consideration ; and
(c) the consideration for such transfer as agreed to
between the parties has not been truly stated in the
instrument of transfer with such object as is referred to in
clause (a) or clause (b) of sub-section (1) of section 269C,
he may, after obtaining the approval of the [Principal
Commissioner or] Commissioner, make an order for the
acquisition of the property under this Chapter.
Explanation.-In this sub-section, "[Principal
Commissioner or] Commissioner", in relation to a competent
authority, means such [Principal Commissioner or]
Commissioner as the Board may, by general or special order
in writing, specify in this behalf.
(7) If the competent authority is not satisfied as
provided in sub-section (6), he shall, by order in writing,
declare that the property will not be acquired under this
(8) The competent authority shall serve a copy of his
order under sub-section (6) or sub-section (7), as the case
may be, on the transferor, the transferee and on every
person who has made objections against such acquisition
under section 269E.
(9) In any proceedings under this Chapter in respect of
any immovable property, no objection shall be entertained on
the ground that although the apparent consideration for the
property is less than the fair market value of the property
on the date of the execution of the instrument of transfer
or where such property is of the nature referred to in
sub-clause (ii) of clause (e) of section 269A on the date of
the transfer, the consideration as agreed to between the
parties has been truly stated in the instrument of transfer
because such consideration was agreed to having regard to
the price that such property would have ordinarily fetched
on such transfer in the open market on the date of the
conclusion of the agreement to transfer the property, except
where such agreement has been registered under the
Registration Act, 1908 (16 of 1908).