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2004 (2) TMI 13

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....nt to purchase the property namely D-203, Defence Colony, New Delhi, which is the 1st floor and the terrace floor. The Revenue invoked Chapter XXC of Income-tax Act, 1961 (hereinafter referred to as the "Act") for compulsory purchase of the property and made an order under section 269UD of the Act, on March 30, 1993, for the apparent consideration of Rs. 25 lakhs. The petitioner has challenged t....

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.... paid. The copy of the said letter is also annexed with the affidavit as annexure R-2. Thus, it is very clear that it was the intention of the Revenue to make the payment to the transferor only, and not to the person in whose favour an agreement to sell the property was executed (hereinafter referred to as the "transferee"). It is not disputed before the court that the vendor received a sum of Rs.....

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....ion to examine this aspect in detail in the case of Asgar S. Patel v. Union of India [2000] 244 ITR 713, which is followed by this court in case the of Raj Kumar Bhargava v. Union of India [2004] 265 ITR 46 in Writ Petition No. 395 of 1994, decided on October 30, 2003. This matter was with reference to the ground floor of the premises in question. Before this court, in the present petition, Mr. R....