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2019 Supreme(SC) 2339

ROHINTON FALI NARIMAN, ANIRUDDHA BOSE, V.RAMASUBRAMANIAN
Seshasayee Steels P. Ltd. – Appellant
Versus
Assistant Commissioner of Income Tax, Company Circle VI(2), Chennai – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. R. V. Easwar, Sr. Adv. Mr. Rubal Bansal, Adv. Mr. V. Ramasubramanian, AOR Mr. P. Bala Senthil Kumar, Adv.
For the Respondent: Mr. K. Radhakrishnan, Sr. Adv. Ms. Seema Bengani, Adv. Ms. Purnima Bhat Kak, Adv. Mr. Prem Prakash, Adv. Mr. Anas Zaidi, Adv. Mrs. Anil Katiyar, AOR

JUDGMENT :

R. F. NARIMAN, J.

1. The appellant-assessee entered into an agreement to sell, on 15.05.1998, with one Vijay Santhi Builders Limited for a total sale consideration of Rs.5.5 crores.

2. The important clauses of the sale agreement are set out hereinbelow:

    “1. The consideration for the sale of the property shall be Rs. 5,50,000/-(Rupees Five Lakhs Fifty Thousand only) per ground. The total area of the property to be sold is around 100 grounds and the total sale consideration of Rs.5,50,00,000/-(Rupees Five Crores Fifty Lakhs only) will be paid directly by the nominees/members on behalf of PARTY OF THE SECOND PART or by the PARTY OF THE SECOND PART, whichever is earlier. The property shall be free of all encumbrances at the time of registration.

    2. It is agreed that the total extent of the property is 100 grounds approximately including the areas allotted for road and other amenities, plus the actual extent available for flats.

    12. THE PARTY OF THE FIRST PART has already handed over to the PARTY OF THE SECOND PART Xerox copies of all land documents of the schedule mentioned pr

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