2017 (1) TMI 1158

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.... the respondent no.1, by which, the respondent no.1 has declared the transaction between the petitioner and the original owners (original assessee) with respect to property situated at Plot No. 48/B, Sector 19, Gandhinagar as void in exercise of powers under Section 281(1) of the Income Tax Act (hereinafter referred to as the "Act"). 2.0. It is the case of the petitioner that petitioner purchased the aforesaid property in question by registered sale deed and on payment of full sale consideration and after giving public notice for title clear certificate in Gujarat Samachar, Gandhinagar Edition. That after obtaining title clear certificate from his Advocate Shri F.K. Lakhani Associates after making thorough investigation and search along ....

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.... void. It is submitted that admittedly before passing the impugned order, the respondent no.2 came to be heard. It is submitted that as such the petitioner is a bona fide purchaser of the property and on payment of full sale consideration, the petitioner purchased the same without notice of pendendy of any proceedings against the respondent no.2. It is submitted that if the opportunity would have been given to the petitioner, the petitioner would have pointed out that sale between the petitioner and respondent no.2 is not required to be declared as void as the same was made for adequate consideration and without notice of pendency of any proceedings against respondent no.2. It is submitted that therefore, the impugned order deserves to be q....

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....ssee act of transferring / selling the property in question, without seeking permission of the respondent no.1 is void under Section 281(1) of the Acct, the respondent no.1 is justified in passing the impugned order. Making above submissions, it is requested to dismiss the present petition. 5.0. Heard the learned advocates for the respective parties at length. 6.0. At the outset, it is required to be noted that by impugned order, respondent no.1 has declared the sale / transaction between the petitioner and the respondent no.2 as void in exercise of powers under Section 281(1) of the Act. It is undisputed fact that before passing the impugned order, no opportunity of being heard has been given to the petitioner - transferee. It is ....