KALIDAS MULLICK Vs. REGISTRAR OF ASSURANCE CALCUTTA
HIGH COURT OF CALCUTTA
REGISTRAR OF ASSURANCE, CALCUTTA
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(1.)The Court : This application is directed against the order dated 18th October, 1995 whereby and whereunder the petitioner was asked to obtain certificates from the Income Tax Authorities under Section 230A(1) of the Income Tax Act.
(2.)The fact of the matter lies in a very narrow compass.
(3.)The petitioner No. l is said to be owner of 7/8th share and the petitioner No. 2 is the owner of 1/8th share of the property in question. A decision was taken by the trustees of the said Trust to sale the said properly, in favour of M/s. CMC Limited at a price of Rs. 3.10 crores. An application was filed by the trustees under the provisions of Indian Trust Act, 1882 as well as Charitable and Religious Act, 1920 in this Court. By an order dated 3rd August, 1995 a learned single judge of this court allowed the said application in terms of prayers of A, B, C and D thereof. The petitioner thereafter filed the assurance for registration. The Registrar informed the trustees that in view of the order of this court, the valuation of the properties in question for the purpose of registration would be accepted but he insisted that a certificate in terms of section 230A(1) be produced. The learned Counsel appearing on behalf of the petitioner has raised a short question in support of this application. The learned Counsel submits that the petitioner No. I -Trust is exempted from payment of Income Tax and thus no Income Tax certificate is required to be produced. So far as the petitioner No. 2 is concerned, it was submitted that the sole beneficiary of the said Trust is Smt. Arati Mullick and thus there is no existing liability in respect of demand under any of the Act as specified under section 230A of the Income Tax Act. The learned Counsel submits that keeping in view the fact that the sale is an involuntary sale, the provision of section 230A has no application to the facts and circumstances of this case.
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