What is Re-vesting of property in the transferor on failure of payment or deposit of consideration? What is Powers of the appropriate authority? Section 269UH and 269UI of Income Tax Act 1961

Re-vesting of property in the transferor on failure of payment or deposit of consideration and Powers of the appropriate authority are defined under section 269UH and 269UI of Income Tax Act 1961. Provisions under these Sections are:

Section 269UH of Income Tax Act "Re-vesting of property in the transferor on failure of payment or deposit of consideration"

269UH. (1) If the Central Government fails to tender under sub-section (1) of section 269UG or deposit under sub-section (2) or sub-section (3) of the said section, the whole or any part of the amount of consideration required to be tendered or deposited thereunder within the period specified therein in respect of any immovable property which has vested in the Central Government under sub-section (1) or, as the case may be, sub-section (6) of section 269UE, the order to purchase the immovable property by the Central Government made under sub-section (1) of section 269UD shall stand abrogated and the immovable property shall stand re-vested in the transferor after the expiry of the aforesaid period :

 

Provided that where any dispute referred to in sub-section (2) or sub-section (3) of section 269UG is pending in any court for decision, the time taken by the court to pass a final order under the said sub-sections shall be excluded in computing the said period.

(2) Where an order made under sub-section (1) of section 269UD is abrogated and the immovable property re-vested in the transferor under sub-section (1), the appropriate authority shall make, as soon as may be, a declaration in writing to this effect and shall-

(a) deliver a copy of the declaration to the persons mentioned in sub-section (2) of section 269UD ; and

(b) deliver or cause to be delivered possession of the immovable property back to the transferor, or, as the case may be, to such other person as was in possession of the property at the time of its vesting in the Central Government under section 269UE.

 

Section 269UI of Income Tax Act "Powers of the appropriate authority"

269UI. The appropriate authority shall have, for the purposes of this Chapter, all the powers that a Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner of Income-tax has for the purposes of this Act under section 131.