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    <title>1995 (9) TMI 49 - GUJARAT High Court</title>
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    <description>A pre-emptive purchase order under the Income-tax Act was quashed because the affected party was not given a real and effective opportunity to reply before action was taken. The High Court also found that the authority did not record proper consideration of the material on record or the statutory grounds required for compulsory purchase. In proceedings under section 269UD, the order must independently reflect satisfaction on significant undervaluation and an attempt at tax evasion; here, the departmental valuation did not support undervaluation, and the order did not address that rebuttal evidence. The order was therefore invalid for procedural unfairness and non-application of mind.</description>
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    <pubDate>Tue, 19 Sep 1995 00:00:00 +0530</pubDate>
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      <title>1995 (9) TMI 49 - GUJARAT High Court</title>
      <link>https://www.taxtmi.com/caselaws?id=18839</link>
      <description>A pre-emptive purchase order under the Income-tax Act was quashed because the affected party was not given a real and effective opportunity to reply before action was taken. The High Court also found that the authority did not record proper consideration of the material on record or the statutory grounds required for compulsory purchase. In proceedings under section 269UD, the order must independently reflect satisfaction on significant undervaluation and an attempt at tax evasion; here, the departmental valuation did not support undervaluation, and the order did not address that rebuttal evidence. The order was therefore invalid for procedural unfairness and non-application of mind.</description>
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      <pubDate>Tue, 19 Sep 1995 00:00:00 +0530</pubDate>
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