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1991 Supreme(Kar) 374

S.MOHAN, N.Y.HANUMANTHAPPA
Vidyavathi Kapoor Trust – Appellant
Versus
Chief Commissioner Of Income-Tax – Respondent


Advocates appeared:
H.B.Datar, H.Reghavendra Rao, Srinivasan

JUDGMENT

S. Mohan, C.J.

1. These two appeals arise out of the judgment of our learned brother Rajasekhara Murthy J., dated April 19, 1991, rendered in Writ Petition No. 6655 of 1991.

2. We will refer to the facts in Writ Appeal No. 1318 of 1991 :

Appellant entered into an agreement on November 28, 1990, with the third respondent for sale of an immovable property known as Mohan Buildings situate at Nos. 775 to 809, Old Taluk Cutchery Road, Chickpet, Bangalore. Both the appellant and the third respondent, i.e., the transferor and the transferee, filed Form No. 37-I prescribed by the Income-tax Rules, 1962 (hereinafter referred to as "the Rules"), framed under the Income-tax Act, 1961, (hereinafter referred to as "the Act"), with the appropriate authority on November 30, 1990. The appropriate authority, by exercising power under section 269UD(1) of the Act, passed an order on January 24, 1991, directing the purchase of the said immovable property by the Central Government and holding that the property has vasted in the Central Government. The consideration for sale was Rs. 1,55,00,000. In and by the agreement, a sum of Rs. 50,00,000 shall be paid within ten days from the date of receip

















































































































































































































































































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