TMI Blog2002 (9) TMI 57X X X X Extracts X X X X X X X X Extracts X X X X ..... priate authority shall take a sympathetic attitude in the matter. - - - - - Dated:- 12-9-2002 - Judge(s) : S. K. SEN., U. K. DHAON. JUDGMENT The petitioner has approached this court against the order dated December 27, 2001 passed by respondent No. 1 under section 269UD(1) of the Income tax Act, 1961 (hereinafter referred to as "the Act"), for pre-emptive purchase of the property by respondent No. 2 belonging to respondent No. 3. The petitioner has alleged in the petition that he entered into an agreement to sell dated September 3, 2001, with respondent No. 3 for the purchase of the resi dential house No. 9/42, Suryodaya Colony, Rana Pratap Marg, Lucknow, for the total sale consideration of Rs. 30,00,000 (rupees thirty lakhs) and an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by respondent No. 3 on December 26, 2001 before respondent No. 1 stating, inter alia, that respondent No. 3 had agreed to sell the Lucknow property only with a view to purchase another property at Delhi and as such there cannot be any question of evading tax. The appropriate authority after considering the replies to the show cause notice passed the impugned order dated December 27, 2001 under section 269UD(1) of the Act. Being aggrieved by the impugned order the petitioner has approached this court. Sri Pardiwala, learned counsel for the petitioner has strongly urged before us that the proceedings under section 269UD(1A) were not followed according to the procedure laid down in the Income-tax Rules, 1962, as respondent No. 1 has ignored ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on December 24, 2001. Sri S.C. Misra learned Advocate General appearing on behalf of the Revenue, has strongly urged before us that there is no irregularity in the procedure followed by the competent authority and the sale instances, which were not taken into account were rightly left out of consideration in view of the fact that they were not sale under the Act. He further submits that it is not obligatory to accept the District Magistrate's valuation report, which is meant for the purpose of assessing stamp duty. The property, which was taken into as the sale instance, was the only property comparable to work out the valuation of the property under transfer. We have heard Sri Y.J. Pardiwala, learned counsel for the petitioner assisted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... affording opportunity of hearing, as indicated hereinbefore. In view of the fact that Chapter XX-C of the Income-tax Act has already been repealed with effect from July 1, 2002, the appropriate authority shall take a sympathetic attitude in the matter. It is stated by the learned Advocate-General that the premises in question are lying under lock and key and are not in occupation by anyone. The status quo as on today on the basis of the statement of the learned Advocate-General with regard to possession shall be maintained. Respondent No. 3 shall within two weeks return the money to the Union of India through the Chief Commissioner, Income-tax, Lucknow, and as soon as the money is paid by respondent No. 3, the keys of the premises in ques ..... X X X X Extracts X X X X X X X X Extracts X X X X
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