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2005 (9) TMI 39 - HC - Income TaxThis petition is directed against the order passed appropriate authority, appointed by the Central Government under section 269UB, exercising the right of pre-emptive purchase under section 269UD(1) of the property in question owned by petitioners Nos. 2 and 3 for the apparent consideration of Rs. 24,00,000 - Learned counsel appearing for the Revenue could not dispute this fact that NOC was issued in respect of two transactions of apartments located in the very same building in which the subject apartment is situated. If that be so, in our view no useful purpose will be served by remanding the matter with direction to the appropriate authority for de novo hearing. The impugned order, thus, suffers from illegality on more than one count. In that view of the matter, the impugned order cannot stand the scrutiny of law. In the result, the impugned order at annexure F is quashed and set aside.
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