9911796707
TMI Blog1983 (9) TMI 43X X X X Extracts X X X X X X X X Extracts X X X X ..... lenging the legality of the notice dated April 30, 1979, issued by the IAC, Acquisition Range II, Bombay, in exercise of the powers under s. 269A of the I.T. Act, 1961. The facts giving rise to the issuance of notice are required to be stated briefly to appreciate the grievance of the petitioners. By an agreement of sale dated March 21, 1972, the petitioners agreed to purchase from M/s. Modern Si ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tioner-company was disclosed to the income-tax authorities at the time of completion of the assessment for the period commencing from the assessment year 1973-74 onwards. The transferor had also disclosed the agreement to sell and the receipt of the consideration to the income-tax authorities, but the ITO purported to treat the vendor as the owner of the property as the conveyance was not complete ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed to him by the IAC for assessment, on the date of transfer. The petitioner thereafter received the valuation report valuing the property at Rs. 5,48,000 as on June 29, 1977. The petitioners made certain inquiries with the Department and the petitioners appeared before the authorities and complained that no notice was served on the petitioners and the gazette in which the notice was published was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th the purchaser and the vendor were completed on the basis of the transfer of the property and what was left was only to get the conveyance registered. Shri Kolha submits that the income-tax authorities never informed that the value paid by the petitioners for the purchase of the property was inadequate or unreasonable. Shri Joshi, learned counsel appearing for the Department, accepted that the I ..... X X X X Extracts X X X X X X X X Extracts X X X X
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