BareLaws
SECTION

Section 9F — Hearing of objections

From: The Income-tax Act, 1961

752 269F. Hearing of objections.

(1)The competent authority shall fix a day and place for the hearing of the objections made under section 269E against the acquisition under this Chapter of any immovable property, and shall give notice of the same to every person who has made such objection : Provided that such notice shall also be given to the transferee of such property even if he has not made any such objection.
(2)Every person to whom a notice is given under sub -section ( 1) shall have the right to be heard at the hearing of the objections.
(3)The competent authority shall have the power to adjourn the hearin g of the objections from time to time.
(4)The competent authority may, before disposing of the objections, make such further inquiry as he thinks fit.
(5)The decision of the competent authority in respect of the objections heard shall be in writing and shall state the reasons for the decision with respect to each objection.
(6)If after hearing the objections, if any, and after taking into account all the relevant material on record, the competent authority is satisfied that, -
(a)the immovable property t o which the proceedings relate is of a fair market value exceeding 1[one hundred thousand rupees];
(b)the fair market value of such property exceeds the apparent consideration therefor by more than fifteen per cent of such apparent consideration ; and
(c)the consideration for such transfer as agreed to between the parties has not been truly stated in the instrument of transfer with such object as is referred to in clause ( a) or clause ( b) of sub -section
(1)of section 269C, he may, after obtaining the app roval of the 2[Principal Commissioner or Commissioner], make an order for the acquisition of the property under this Chapter. Explanation. -In this sub -section, 2[Principal Commissioner or Commissioner], in relation to a competent authority, means such 2[Principal Commissioner or Commissioner] as the Board may, by general or special order in writing, specify in this behalf.
(7)If the competent authority is not satisfied as provided in sub -section ( 6), he shall, by order in writing, declare that the property will not be acquired under this Chapter.
(8)The competent authority shall serve a copy of his order under sub -section ( 6) or sub -section ( 7), as the case may be, on the transferor, the transferee and on every person who has made objections against such a cquisition under section 269E.