2004 (2) TMI 25

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....e two petitions are directed against the common order passed by the Appropriate Authority, Ahmedabad, under section 269UD(1) of the Income-tax Act, 1961 ("the Act" for short) for compulsorily purchasing the piece and parcel of land at Mouje Aund, District Pune, bearing old plot No. 374/375 and new No. 228 and bearing old survey number and sub-division Nos. 3 to 55, 57, 58, 61 to 78, 135, 136 and n....

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....t No. 228, Sindh Co-operative Housing Society Ltd., Aund Road, Pune-411 007 (to the extent of 1,000 sq. mtrs. within ceiling limit). The apparent consideration for the same has been declared at Rs. 25,00,000. You are requested to show cause as to why the property should not be purchased under the provisions of Chapter XX-C of the Income-tax Act, 1961. Your reply should reach this office l....

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....r tentative conclusion that the transaction has been undervalued and that there has been an attempt to evade the tax nor do they disclose the material on the basis of which such a tentative conclusion has been reached by the Appropriate Authority. Learned counsel further submits that the identical show cause notice was the subject matter of judicial scrutiny in the case of Jagdish Electronics (....

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.... respondents tried to support the impugned notices and the orders, but faced with the Division Bench judgment affirmed by the apex court in the case of Jagdish Electricians India P. Ltd. [2003] 264 ITR 468 wherein identical show cause notice was held to be bad and illegal, could not take his argument to its logical end. We have perused the judgment and the copies of the show cause notices. The imp....