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1994 DIGILAW 381 (SC)

Burmah Shell Co-operative Housing Society LTD. v. Chief Commissioner Of Income Tax (Technical) New Delhi

1994-03-16

B.P.JEEVAN REDDY, KULDIP SINGH, S.P.BHARUCHA

body1994
ORDER This appeal is a sequel to the proceedings initiated by the Income Tax Department under Chapter XX-C of the Income Tax Act, 1961 (the Act). The property in dispute was auctioned by the Income Tax Department and the same was purchased by a non-resident Indian. The owner of the house was a member of the appellant-housing society and the plot was allotted to him as a member of the said society. It is not disputed that the auction-purchaser is neither a member of the society nor resident of Delhi. The appellant-society challenged the auction-sale by the Income Tax Department on the ground that under the bye-laws of the society the sale could only be made to a resident of Delhi who was not owning any other property. The High Court dismissed the writ petition holding that the provisions of the Act have overriding effect on the bye-laws of the society. We see no ground to interfere with the view taken by the High Court. The appeal is dismissed. No. costs. For Citation:  1995 Supp(1) SCC 533