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TMI Blog1995 (12) TMI 30X X X X Extracts X X X X X X X X Extracts X X X X ..... nd, sold shop No. WP 156-A, G. T. Road, Jullundur, to Tarlochan Singh some time in April, 1975, for a sum of Rs. 36,500. The shop covers an area of 28' x 28' and is situate in a commercial area. It was in the occupation of Kishan Lal and Dhanpat Ram on a monthly rent of Rs. 500 since May, 1974, for a period of five years. By adopting the rent capitalisation method, the competent authority computed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er was obtained and an order dated March 11, 1980, passed under section 269F(6) of the Act for its acquisition. Being aggrieved by the order of acquisition, the transferee filed an appeal before the Income-tax Appellate Tribunal. The order was challenged before the Tribunal on the merits, it being contended that the competent authority did not have sufficient material before it to form an opinion ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o the commentary of Chaturvedi and Pithisaria in their book Income Tax Law, the Tribunal recorded its finding in the following words : " Following with respect the said decision we hold that the proceedings for acquisition of property at 156-A, G. T. Road, Jullundur, without the transferee having been served with a proper notice under section 269D(2) within the prescribed time is bad and cannot l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this contention. Admittedly, the transferee filed his objections before the competent authority on January 17, 1976, within 14 days of the publication of the notice in the Official Gazette under section 269D(1) of the Act. This being so, the transferee having appeared before the authority on its own there was no occasion for it to have sent a notice to him. The purpose of issuing a notice under s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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