NDLI: Delhi Development Authority Vs. M/s. Karamdeep Finance & Investment (i) Pvt. Ltd. & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	leasehold to freehold Chapter XXC of the Income Tax Act Leasehold property unearned increase of market value
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Income Tax Act, 1961 (43 of 1961) Transfer of Property Act, 1882 (4 of 1882)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	Transfer of Property:Leasehold property – Acquired under Chapter XXC of the Income Tax Act – Income Tax Department paid amount towards unearned increase of market value to Delhi Development Authority (DDA) – Thereafter the property was put to auction, through the department of Revenue in which respondent was the highest bidder– Sale deed was executed in favour of the respondent – Thereafter respondent moved application with DDA for conversion of lease-hold rights in the plots into freehold rights and also deposited amount towards conversion charges – DDA, thereupon demanded an amount from the respondent towards unearned increase of market value –The demand raised by DDA was set aside by Single Judge of High Court in writ petition and DDA was directed to refund the conversion amount – In LPA, High Court set aside the order of Single Judge and directed DDA to refund the amount towards conversion fee,while holding that unearned increase was not payable by the purchaser to DDA – On appeal, held: Since the auction was made on the market value of the property, there was no question of claim of unearned increase by DDA – Also, since income tax department had already paid unearned increase, DDA was not entitled to raise any demand of unearned increase – On interpreting the auction notice and the sale deed it is clear that what was transferred to the respondent was leasehold right – Therefore, the respondent is not entitled for refund of conversion charges – DDA is directed to process the respondent’s application for conversion of leasehold rights into freehold rights – Income Tax Act, 1961 – s. 269 UD. Deeds and Documents:Interpretation of deeds and documents – Held: While construing documents, intention of the parties have to be ascertained.Doctrines/Principles:Principle of merger – Applicability of.
Judge	Hon'ble Mr. Justice Ashok Bhushan
Neutral Citation	2019 INSC 186
Petitioner	Delhi Development Authority
Respondent	M/s. Karamdeep Finance & Investment (i) Pvt. Ltd. & Ors.
SCR	[2019] 3 S.C.R. 725
Judgement Date	2019-02-12
Case Number	1533

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Delhi Development Authority Vs. M/s. Karamdeep Finance & Investment (i) Pvt. Ltd. & Ors.

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Delhi Development Authority Vs. M/s. Karamdeep Finance & Investment (i) Pvt. Ltd. & Ors.

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