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        Case ID :

        2002 (2) TMI 69 - HC - Income Tax

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        Complete disclosure in Form No. 37-I upheld where additional particulars were needed to assess fair market value. The Delhi HC treated the Appropriate Authority's request for additional particulars and documents in Form No. 37-I as consistent with the statutory scheme ...
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.

                            Complete disclosure in Form No. 37-I upheld where additional particulars were needed to assess fair market value.

                            The Delhi HC treated the Appropriate Authority's request for additional particulars and documents in Form No. 37-I as consistent with the statutory scheme because the information was relevant to assessing fair market value and the proposed construction. Complete disclosure, including the area to be transferred and the construction plan, was required to cure defects in the form. As the petitioner failed to furnish the requested material despite opportunities and instead moved the Court, the challenge to the demand was held premature and the writ was dismissed.




                            Issues: Whether the Appropriate Authority was justified in requiring additional particulars and documents to cure defects in Form No. 37-I and whether the writ petition challenging that demand was premature.

                            Analysis: The information sought by the Appropriate Authority was held to be relevant and necessary for determining the fair market value of the property and the proposed construction. The requirement to furnish complete particulars in Form No. 37-I, including details of the area to be transferred and the construction plan, was treated as consistent with the statutory scheme. The petitioner did not supply the required information despite opportunities and instead approached the Court. On those facts, the challenge was held to be premature.

                            Conclusion: The demand for additional information was upheld and the writ petition was dismissed as premature, in favour of the Revenue.


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                            ActsIncome Tax
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