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    <title>1991 (5) TMI 42 - ALLAHABAD High Court</title>
    <link>https://www.taxtmi.com/caselaws?id=22266</link>
    <description>Under Chapter XX-C, the authority could not indefinitely withhold a decision on a pre-emptive purchase application merely because the property was under attachment and possible tax dues remained unresolved. The statutory proviso to section 269UG permitted any surviving tax liability to be adjusted against the consideration payable if the property was purchased, so apprehended arrears did not justify inaction. The authority was therefore required to decide within the stipulated time whether to purchase the property; if it declined to purchase, it had to issue a no-objection certificate. The Department&#039;s right to protect any outstanding claim through statutory set-off was preserved.</description>
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    <pubDate>Mon, 06 May 1991 00:00:00 +0530</pubDate>
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      <title>1991 (5) TMI 42 - ALLAHABAD High Court</title>
      <link>https://www.taxtmi.com/caselaws?id=22266</link>
      <description>Under Chapter XX-C, the authority could not indefinitely withhold a decision on a pre-emptive purchase application merely because the property was under attachment and possible tax dues remained unresolved. The statutory proviso to section 269UG permitted any surviving tax liability to be adjusted against the consideration payable if the property was purchased, so apprehended arrears did not justify inaction. The authority was therefore required to decide within the stipulated time whether to purchase the property; if it declined to purchase, it had to issue a no-objection certificate. The Department&#039;s right to protect any outstanding claim through statutory set-off was preserved.</description>
      <category>Case-Laws</category>
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      <pubDate>Mon, 06 May 1991 00:00:00 +0530</pubDate>
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