Section 269UB of Income Tax Act "Appropriate authority"
269UB. (1) The Central Government may, by order, publish
in the Official Gazette,-
(a) constitute as many appropriate authorities, as it thinks
fit, to perform the functions of an appropriate authority
under this Chapter ; and
(b) define the local limits within which the appropriate
authorities shall perform their functions under this
Chapter.
(2) An appropriate authority shall consist of three persons,
two of whom shall be members of the Indian Income-tax
Service, Group A, holding the post of Commissioner of
Income-tax or any equivalent or higher post, and one shall
be a member of the Central Engineering Service, Group A,
holding the post of Chief Engineer or any equivalent or
higher post.
(3) In respect of any function to be performed by an
appropriate authority under any provision of this Chapter in
relation to any immovable property referred to in section
269UC, the appropriate authority referred to therein shall,-
(a) in a case where such property is situate within the
local limits of the jurisdiction of only one appropriate
authority, be such appropriate authority ;
(b) in a case where such property is situate within the
local limits of the jurisdiction of two or more appropriate
authorities, be the appropriate authority empowered to
perform such functions in relation to such property in
accordance with the rules made in this behalf by the Board
under section 295.
Explanation.-For the purposes of this sub-section, immovable
property being rights of the nature referred to in
sub-clause (ii) of clause (d) of section 269UA in, or with
respect to, any land or any building or part of a building
which has been constructed or which is to be constructed
shall be deemed to be situate at the place where the land is
situate or, as the case may be, where the building has been
constructed or is to be constructed.
269UC. (1) Notwithstanding anything contained in the
Transfer of Property Act, 1882 (4 of 1882), or in any other
law for the time being in force, no transfer of any
immovable property in such area and of such value exceeding
five lakh rupees, as may be prescribed, shall be effected
except after an agreement for transfer is entered into
between the person who intends transferring the immovable
property (hereinafter referred to as the transferor) and the
person to whom it is proposed to be transferred (hereinafter
referred to as the transferee) in accordance with the
provisions of sub-section (2) at least four months before
the intended date of transfer.
(2) The agreement referred to in sub-section (1) shall be
reduced to writing in the form of a statement by each of the
parties to such transfer or by any of the parties to such
transfer acting on behalf of himself and on behalf of the
other parties.
(3) Every statement referred to in sub-section (2) shall,-
(i) be in the prescribed form ;
(ii) set forth such particulars as may be prescribed ; and
(iii) be verified in the prescribed manner,
and shall be furnished to the appropriate authority in such
manner and within such time as may be prescribed, by each of
the parties to such transaction or by any of the parties to
such transaction acting on behalf of himself and on behalf
of the other parties.
(4) Where it is found that the statement referred to in
sub-section (2) is defective, the appropriate authority may
intimate the defect to the parties concerned and give them
an opportunity to rectify the defect within a period of
fifteen days from the date of such intimation or within such
further period which, on an application made in this behalf,
the appropriate authority may, in its discretion, allow and
if the defect is not rectified within the said period of
fifteen days, or as the case may be, the further period so
allowed, then, notwithstanding anything contained in any
other provision of this Chapter, the statement shall be
deemed never to have been furnished.