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2001 Supreme(SC) 863

UNION OF INDIA – Appellant
Versus
A. K. GARGS – Respondent


ORDER

1. In this matter which arises out of the proceedings initiated under Chapter XX-C of the Income Tax Act, 1961 (hereinafter referred to as "the Act") seeking to acquire certain properties on the ground that the consideration disclosed in the sale documents fell short of the real market value of the property.

2. When that action was challenged before the High Court in writ proceedings it was found by the High Court that the sum of Rs 23,13,994 tendered by the Central Government on 6-9-1993 was beyond the stipulated period under Section 269-UG, thus attracting the wrath of Section 269-UH of the Act resulting in abrogation to the purchase order. The said amount had to be tendered or if there is any dispute in this regard, the same should have been deposited with the appropriate authority on or before 30-6-1993. The case put forth by the Department is that the amount had been deposited with the appropriate authority but there is no material to show that the same was tendered or offered to the parties concerned. The learned counsel for the appellant adverted to the letter dated 8-6-1993/9-6-1993 sent by the office of the Chief Commissioner of Income Tax-II, C.R. Building, New Delh


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