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1987 Supreme(AP) 158

B.P.JEEVAN REDDY, UPENDRA LAL WAGHRAY
B. Subba Rao – Appellant
Versus
Inspecting Assistant Commissioner of Income Tax – Respondent


B. P. JEEVAN REDDY, J.

( 1 ) IN this special appeal preferred under section 269h of the Income-tax Act, the only question for consideration is whether the Income-tax Appellate Tribunal has the power to admit an appeal preferred beyond the period of limitation prescribed in sub-section (1) of section 269g of the Act.

( 2 ) THE appellant purchased a rice mill under a registered sale deed dated 31/08/1974, for a consideration of Rs. 46,000 A notice under section 269d (1) of the Act was served upon the appellant, thereby initiating proceedings under section 269c for acquisition of the said rice mill, on the ground that the apparent consideration recorded in the instrument of transfer was less than the fair market value by more than 15%. It was alleged that the consideration mentioned in the sale deed is not the true consideration that passed between the parties. The appellant submitted his objections; but, by his order dated 6/12/1978, the Inspecting Assistant Commissioner of Income-tax Range (competent authority), passed an order under section 269f (6) acquiring the said property. The copy of the order was served upon the appellant on 26/12/1978.

( 3 ) AGAINST the order of the Inspect








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