Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Income Tax Act 1961 : Chapter XX-A and XX-C |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Income Tax Act, 1961 :Chapter XX-A and XX-C-Object of-Held, is to penalise those who evade tax by undervaluing the property transferred under the instrument of transfer-Income Tax.Sections 269-UD, 269-UC and 269-UE-Compulsory purchase of immovable property by the Appropriate Authority-Transfer or receiving full consideration and handing over possession to the Central Government-Order of Appropriate Authority upheld by High Court-Supreme Court reversing the order of the High Court fallowing C.B. Gautam's case-But while so reversing the order of the High Court, no direction issued for de nova proceedings or start of proceedings from anterior date-Appropriate Authority deciding the case afresh after giving opportunity of hearing to the parties concerned in the light of principles laid down in C.B. Gautam's case-By the fresh order also, ordering pre-emptive purchase of the property by the Central Government holding that property was undervalued under the sale agreement-Held, under such circumstances, the fresh order of the Appropriate Authority does not suffer from any serious illegality or infirmity warranting interference. Words and Phrases-Words "fails to tender''-Meaning of-In the context of Section 269-UH of the Income Tax Act, 1961. |
Judge | Hon'ble Mr. Justice D.P. Mohapatra |
Neutral Citation | 2000 INSC 85 |
Petitioner | Sri K.v. Shivakumar And Anr. |
Respondent | The Appropriate Authority And Ors. |
SCR | [2000] 1 S.C.R. 991 |
Judgement Date | 2000-02-17 |
Case Number | 1415 |
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