Y.R.Meena, J. - (1.) This appeal has been directed against the judgment and order of the learned single judge dated December 24, 1997. (Vysya Bank Ltd. v. Appropriate Authority of Income-tax [1998] 233 ITR 560). The appeal was listed several times. None appeared for the appropriate authority.
(2.) Heard learned counsel for the respondents. Perused the impugned judgment. The learned single judge has set aside the order of the appropriate authority on the ground that no reasonable opportunity has been given to the vendor and vendee and there are several discrepancies in the proceeding before acquisition of the property in terms of Section 269UD(1) of the Income-tax Act, 1961. The learned single judge has specifically emphasised on the decision in the case of C.B. Gautam v. Union of India.
(3.) During" the course of the argument before the learned single judge, learned counsel Dr. Pal on behalf of respondent No. 1 also prayed that the matter be remitted to the appropriate authority to give fresh opportunity to the vendor and vendee. This prayer of Dr. Pal was also rejected following the judgment of this court in the case of Dwarkanath Chatterjee v. Union of India [1995] 213 ITR 470, taking the view that the period of limitation to pass an order of purchase of any immovable property as provided for in the first and second proviso to the said section create an embargo on the appropriate authority, by the Legislature, to pass an order for purchase under the said section after the expiry of the period of limitation and Section 5 of the Limitation Act not having been made applicable to the aforesaid provision of the Act, the appropriate authority loses its jurisdiction to exercise its power under the said section after the expiry of the aforesaid period. The appeal was listed several times but none appeared for the appropriate authority/appellant. Considering the finding of the learned single judge that no reasonable opportunity has been given for the acquisition of the property as required under Section 269UD, we find no merit in the appeal.;