2001 (7) TMI 3

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....eree of immovable property situated at Sawai Madho Singh Road, Bani Park, Jaipur. In respect of that transfer, the requisite Form No. 37-1 was filed with the income-tax authorities on March 9, 1993, and a valuation report on April 9, 1993. On May 21, 1993, the appellant and the transferor of the said property were issued a notice by the office of the Appropriate Authority, Income-tax Department, N....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....lan of that property. The letter asked for an adjournment and time to make preparation. On May 31, 1993, an order was made by the Appropriate Authority which held that the apparent consideration for the transaction between the appellant and the transferor was substantially low as compared to the value arrived at on the basis of the sale instance, duly adjusted, and, therefore, the compulsory purch....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....r even though despatched by speed post. In effect, therefore, the notice gave five days to the addressees to respond, and we are told that two of those days were Saturday and Sunday. Under section 269UD the Appropriate Authority had two months to act commencing from the end of the month in which the Form No. 37-I was filed. The form was filed on March 9 so that the Appropriate Authority had about ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ever. There is no doubt in our minds that on both counts there has been a gross breach of the principles of natural justice because adequate opportunity to meet the case made out in the notice was not given to the appellant. Having regard to the statutory limit within which the Appropriate Authority has to act and his failure to act in conformity with the principles of natural justice, we do....