Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2004 (3) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2004 (3) TMI 12 - HC - Income TaxApparent consideration in accordance with the passed u/s 269UD(1) - Petitioner is seeking direction against the respondent to make payment of apparent consideration to which he is entitled, in accordance with the order dated May 30, 1995, passed under section 269UD(1) – Held that once having acquired the property under section 269UD(1), it is not open for the respondents to say that unless the property is delivered in their possession, removing the encroachment, the petitioner is not entitled to claim the amount of apparent consideration - Hence petitioner is entitled to receive the amount of apparent consideration and the respondents are bound to pay the same. It would be open for the respondents to take possession of the property, in accordance with law or as per the provisions of section 269UE. The petitioner has undertaken to extend his co-operation, if necessary, even by lending his name as a party-applicant in the execution proceeding, if the Central Government decides to execute the decree through the process of court, which in no event takes away the rights of the respondents to take recourse to the provisions of sub-sections (3) and (4) of S. 269UE
|