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What are Objections? What is Hearing of objections? Section 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 are:

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 publication.

(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 objections"

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 objection.

(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 Chapter.

(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).

Income Tax Act 1961

What is Registration of certain transactions? What is Competent authority? Section 269AB and 269B of Income Tax Act 1961

What is Immovable property in respect of which proceedings for acquisition may be taken? What is Preliminary notice? Section 269C and 269D of Income Tax Act 1961

What are Objections? What is Hearing of objections? Section 269E and 269F of Income Tax Act 1961

What is Appeal against order for acquisition? What is Appeal to High Court? Section 269G and 269H of Income Tax Act 1961

What is Vesting of property in Central Government? What is Compensation? Section 269I and 269J of Income Tax Act 1961

What is Payment or deposit of compensation? What is Assistance by Valuation Officers? Section 269K and 269L of Income Tax Act 1961

What is Powers of competent authority? What is Rectification of mistakes? What is Appearance by authorised representative or registered valuer? Section 269M, 269N and 269O of Income Tax Act 1961

What is Statement to be furnished in respect of transfers of immovable property? What is the meaning of Chapter not to apply to transfers to relatives? Section 269P and 269Q of Income Tax Act 1961

What is the meaning Properties liable for acquisition under this Chapter not to be acquired under other laws? What is Chapter not to apply where transfer of immovable property made after a certain date? What is Chapter not to extend to State of Jammu and Kashmir? Section 269R, 269RR and 269S of Income Tax Act 1961

What is the Mode of taking or accepting certain loans, deposits and specified sum? What is Mode of repayment of certain loans or deposits? Section 269SS and 269T of Income Tax Act 1961

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