Income Tax Act, 1961
Section 1: Subs. by Act 25 of 2014, s. 4, for “commissioner” (w.r.e.f. 12013).
1. Subs. by Act 25 of 2014, s. 4, for “commissioner” (w.r.e.f. 12013).
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(3) Notwithstanding anything contained in sub-section (2), the competent authority may, for the
purpose of taking possession of any property referred to in sub-section (1), requisition the services of any
police officer to assist him and it shall be the duty of such officer to comply with such requisition.
(4) When the possession of the immovable property is surrendered or delivered under sub-section (1)
to the competent authority or a person duly authorised by him in that behalf or, as the case may be, when
the possession thereof is taken under sub-section (2) or sub-section (3) by such authority or person, the
property shall vest absolutely in the Central Government free from all encumbrances:
Provided that nothing in this sub-section shall operate to discharge the transferee or any other person
(not being the Central Government) from liability in respect of such encumbrances and, notwithstanding
anything contained in any other law, such liability may be enforced against the transferee or such other
person by a suit for damages.
1[(5) Notwithstanding anything contained in sub-section (4) or any other law or any instrument or any
agreement for the time being in force, where an order for acquisition of any immovable property, being
rights of the nature referred to in clause (b) of sub-section (1) of section 269AB, in or with respect to any
building or part of a building which has been constructed or which is to be constructed, has become final,
then, such order shall, by its own force, have the effect of—
(a) vesting such rights in the Central Government, and
(b) placing the Central Government in the same position in relation to such rights as the person in
whom such rights would have continued to vest if such order had not become final,
and the competent authority may issue such directions as he may deem fit to any person concerned for
taking the necessary steps for compliance with the provisions of clauses (a) and (b).]
(6) In the case of any immovable property, being rights of the nature referred to in clause (b) of
sub-section (1) of section 269AB, in or with respect to any building or part of a building, the provisions of
sub-sections (1), (2) and (3) shall have effect as if the references to immovable property therein were a
reference to such building or, as the case may be, part of such building.]
269J. Compensation.—(1) Where any immovable property is acquired under this Chapter, the
Central Government shall pay for such acquisition compensation which shall be a sum equal to the
aggregate of the amount of the apparent consideration for its transfer and fifteen per cent of the said
amount:
2[Provided that in a case where, under the agreement between the parties concerned, the whole or any
part of the consideration for the transfer of such immovable property is payable on any date or dates
falling after the date on which such property is acquired, the compensation payable by the Central
Government shall be the aggregate of the following amounts, namely:—
(i) an amount equal to fifteen per cent of the apparent consideration;
(ii) the amount, if any, that has become payable in accordance with such agreement on or before
the date on which such property is acquired under this Chapter ; and
(iii) the amount payable after the date on which such property is acquired under this Chapter.]
Notwithstanding anything contained in sub-section
When the possession of the immovable property is surrendered or delivered under sub-section
to the competent authority or a person duly authorised by him in that behalf or, as the case may be, when
the possession thereof is taken under sub-section
or sub-section
by such authority or person, the
property shall vest absolutely in the Central Government free from all encumbrances:
Provided that nothing in this sub-section shall operate to discharge the transferee or any other person
(not being the Central Government) from liability in respect of such encumbrances and, notwithstanding
anything contained in any other law, such liability may be enforced against the transferee or such other
person by a suit for damages.
1[
Notwithstanding anything contained in sub-section
or any other law or any instrument or any
agreement for the time being in force, where an order for acquisition of any immovable property, being
rights of the nature referred to in clause
of sub-section
of section 269AB, in or with respect to any
building or part of a building which has been constructed or which is to be constructed, has become final,
then, such order shall, by its own force, have the effect of—
vesting such rights in the Central Government, and
placing the Central Government in the same position in relation to such rights as the person in
whom such rights would have continued to vest if such order had not become final,
and the competent authority may issue such directions as he may deem fit to any person concerned for
taking the necessary steps for compliance with the provisions of clauses
and
In the case of any immovable property, being rights of the nature referred to in clause
of
sub-section
of section 269AB, in or with respect to any building or part of a building, the provisions of
sub-sections
and
shall have effect as if the references to immovable property therein were a
reference to such building or, as the case may be, part of such building.]
269J. Compensation.—
Where any immovable property is acquired under this Chapter, the
Central Government shall pay for such acquisition compensation which shall be a sum equal to the
aggregate of the amount of the apparent consideration for its transfer and fifteen per cent of the said
amount:
2[Provided that in a case where, under the agreement between the parties concerned, the whole or any
part of the consideration for the transfer of such immovable property is payable on any date or dates
falling after the date on which such property is acquired, the compensation payable by the Central
Government shall be the aggregate of the following amounts, namely:—
an amount equal to fifteen per cent of the apparent consideration;
the amount, if any, that has become payable in accordance with such agreement on or before
the date on which such property is acquired under this Chapter ; and
the amount payable after the date on which such property is acquired under this Chapter.]