C.K.THAKKER, R.BALIA
Usha Kulkarni – Appellant
Versus
UNION OF INDIA – Respondent
( 1 ) THESE three petitions have arisen in the same set of facts and circumstances and raise common issues, hence are being disposed of by this common judgment.
( 2 ) THE facts giving rise to these petitions may be noticed. By a written agreement dated 18th December 1994. Sahebrao Sitaram Bindal, in Special Civil application No. 4397 of 1995, agreed to sell parcels of land situated in Survey nos. 30/2, 31/1/4 and 32/4 situated at wadachi Wadi village, Haveli Taluka, pune District to Mr. Usha P. Kulkarni, mr. Rajiv P. Kulkarni and Mrs. Neha R. Kulkarni. The consideration for the total land was stated to be Rs. 1,20,000 per acre. As the value of the land in question was exceeding the prescribed limit, application under Form 37 (1) as required under Chapter XX-C of the Income-tax was filed before appropriate authority on 22nd 12-1994. The appropriate authority issued show-cause notice under Section 269 UD (1a) of the Act to the vendor as well as three buyers on 13th March 1995 fixing the date of their appearance on 21st March 1995. According to the petitioners, the notices were received by them on 16th March 1995. Except that different agreements have been executed by
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