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2008 (12) TMI 210 - HC - Income TaxThis petition is filed to challenge the order passed by the Appropriate Authority under section 269UD(1) whereby property is sought to be compulsorily purchased under the provisions of Chapter XX-C - in the facts of the present case, Dilip Bhatia, who claims to be the co-owner of the flat in question, was admittedly in possession of the fiat in question on the date on which Damayanti Bhatia having 50 per cent. share in the flat in question had purported to sell the flat in question. Since Damayanti Bhatia had no right to sell the flat in question without the consent of Dilip Bhatia and as per the consent decree it is established that she had only 50 per cent. share in the flat in question, the purported sale by Damayanti was invalid and consequently the purchase order passed by the Appropriate Authority on February 23, 1993, cannot be sustained.
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