2001 (12) TMI 14

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....ter alia, prayed for issuance of appropriate writ or writ of certiorari for quashing the letter No. AA/JTCIT/SLP/2001-2002/259, dated July 10, 2001, whereby the petitioner herein was directed to deposit a sum of Rs.22,50,000 plus interest at 18 pet cent. from the date of receipt of the money till its deposit in the Government of India account. The brief facts of this case are as follows: On ....

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....fter, the appropriate authority issued a show-cause notice and after hearing the petitioners, passed an order of pre-emptive purchase vide order dated May 28, 1993. The petitioners filed Civil Writ Petition No. 4357 of 1993 challenging this order. This writ petition was allowed by order dated December 17, 1997 (Express Towers P. Ltd. v. Deputy CIT [1998] 231 ITR 318 (Delhi)). An appeal filed by th....

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....dia [1999] 240 ITR 493. The relevant portion of this case reads as follows: "The amount of balance consideration paid by the appropriate authority to the vendor was in accordance with their statutory liability on account of having passed an order of pre-emptive purchase of the property. At best it can be said that the purchasers did not have to part with the amount of Rs.13.5 lakhs which was th....

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....ed to issue the 'no objection certificate' in terms of section 269UL(3) of the Income-tax Act forthwith, not later than four weeks from the date of this order and simultaneously deliver the possession of the property to the vendee." The aforesaid decision is binding on this Bench. In that view of the matter, we allow this writ petition and direct and dispose of the same and direct the petitione....