YASHWANTLAL A PATEL Vs. INSPECTING ASSISTANT C I T ACQ RANGE I AND II AHMEDABAD
LAWS(GJH)-1988-7-14
HIGH COURT OF GUJARAT
Decided on July 28,1988

Yashwantlal A Patel Appellant
VERSUS
Inspecting Assistant C I T Acq Range I And Ii Ahmedabad Respondents


Referred Judgements :-

UNIQUE ASSOCIATES CO -OP. HOUSING SOCIETY LTD. V. UNION OF INDIA AND ORS. [REFERRED]
COMMISSIONER OF INCOME TAX VS. ARUN MEHRA [REFERRED]


JUDGEMENT

A.P.RAVANI - (1.)Though labelled as first appeal in fact and in substance that is a second appeal under the provisions of Sec. 269H of the Income Tax Act 1961 in as much as the first appeal before the Appellate Tribunal is provided under Sec. 269G of the Act. Second appeal before High Court can be filed only on question of law. The appellant vendor having tailed before the lower authority has preferred this appeal.
(2.)The appellant-vendor agreed to sell certain rights and interests in property in question by an agreement dated 22/04/1983 Sale deed took place on 20/09/1983 in which consideration of Rs. 8 lakhs was shown. The I. A. C. received 37G Form from the sub-registrar concerned. The referred the matter to District Valuation Officer who we are told is the statutory authority to deal with the valuation of the properties and is attached to the Income Tax Department. The I. A. C. also called for the report from the Inspector who submitted the valuation report on 4/05/1984 According to the report submitted by the Inspector the market value of the property on the relevant date was Rs. 14 88 45 The D. V. Os report dated 16/05/1984 discloses the valuation at Rs. 27 8 330 Since there was variation of more than 15 per cent in the amount of consideration mentioned in the document and the market value as disclosed in the report the I. A. C. initiated proceedings under Chapter XX-A of the Income Tax Act and notice was published in the Gazette dated 2/06/1984
(3.)Pursuant to the notice further proceedings were taken and ultimately acquisition order dated 30/04/1986 was passed by the competent authority. The vendor (appellant herein) viz. Shri Yashwantlal A. Patel and other vendors preferred appeal before the Appellate Tribunal being Appeal No. I.T. (Acq.) A.No.6/Ahd/1986. Similarly the vendee M/s. Purvi Construction also preferred appeal being Appeal No. I.T. (Acq) A. No. 5/Ahd/1986 before the Appellate Tribunal. The appeal filed by the Purvi Construction has been decided by the Appellate Tribunal as per its judgment and order dated 2/12/1986 The appeal filed by the appellant herein has also been decided on the same day. We are tole at the bar that the vendee M/s. Purvi Construction has not preferred any appeal before this High Court against the judgment and order passed by the Tribunal.
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