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2016 (3) TMI 874 - RAJASTHAN HIGH COURT

2016 (3) TMI 874 - RAJASTHAN HIGH COURT - TMI - Acquisition proceedings under Chapter XX-A of the Act of 1961 were initiated against the petitioner society in the year 1985. The petitioner society participated in the proceedings, raised the objections and a necessary order as per Section 269-F(6) of the Act of 1961 was passed on 16.10.2002. The petitioner never questioned validity of the provision in which proceedings were initiated and were to be dealt with. The petitioner, if had any genuine g .....

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nd then before the High Court. A Special Leave Petition was also filed before the Apex Court, but while availing these remedies also the petitioner never agitated the cause which is subject matter of present writ petition. We are of considered opinion that after getting the entire issue threshed as per Chapter XX-A of the Act of 1961, it is not open for the petitioner now to challenge the validity of the provision concerned.

In view of it, we are not inclined to examine merits of the .....

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erative society registered under the Cooperative Societies Act, against a consideration of ₹ 24,45,452/-. The Departmental Valuation Officer attached with the Department of Income Tax determined market value of the property transferred as of ₹ 1,20,91,000/-. On basis of the report given by the Departmental Valuation Officer, acquisition proceedings as per provisions of Chapter XX-A of the Income Tax Act, 1961 (hereinafter referred to as 'the Act of 1961') were initiated on 15 .....

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tuated between the Circuit House Jodhpur and Chhitar Palace (Umaid Bhawan Palace) and measuring 1,81,818 sq. yd is of a fair market value exceeding ₹ 1,00,000/-; (b) the fair market value of the impugned property as on 1.02.82 exceeds the apparent consideration mentioned in the Registered Sale Deed by more than 15% of such apparent consideration. In fact, the difference between its fair market value and the apparent consideration would have been more if the date of execution of the instrum .....

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e-tax Act, 1961. I, therefore, order the acquisition of the said impugned property by the powers vested in me by Chapter XXA of the Income-tax Act, 1961." The appeal preferred by the petitioner society giving challenge to the order dated 16.10.2002 came to be dismissed under an order dated 25.4.2003 passed by the Income Tax Appellate Tribunal, Jaipur. The appeal preferred before Rajasthan High Court at its Jaipur Bench giving challenge to the order dated 25.4.2003 also came to be dismissed .....

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and also to receive compensation as per provisions of Section 269-J of the Act of 1961. The society instead of accepting the compensation conveyed to the competent authority under a letter dated 10.8.2011 that the land in question has been divided in 578 plots and those were allotted to its members, therefore, the possession of the land is required to be taken from the allottees and further compensation is also required to be given to those allottees. It was informed to the petitioner society u .....

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emedy vide order dated 23.2.2015. After dismissal of the writ petition the petitioner society claimed that imposition of penalty in a tune of ₹ 92,78,730/- against the property worth several hundred crores is nothing but an unjust enrichment for Income Tax Department. In the month of August, 2015 the petitioner society received a notice from learned District Judge, Jaipur Metropolitan to the effect that a demand draft for a sum of ₹ 28,12,270/- has been deposited by the Government to .....

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