( 1 ) THIS petition under Article 226 of the Constitution challenges the order passed by the Appropriate Authority under Section 269-UD-Chapter XX-C of the Income Tax Act, 1961 (hereinafter referred to as the act for brevity) and prays for an order directing the appropriate Authority to issue a certificate in terms of Section 269-UL (1) of the Act.

( 2 ) ON 5th April 1995, the petitioner and respondent No. 3 entered into an agreement for purchase of the property in question for a consideration of Rs. 45,000,00/- (Rupees Forty Five Lack only); the total area of land is 2605. 32 sq. mts. On the said land, there were three structures being a (i) Bungalow; (ii) servant quarters; and (iii) a Separate structure for residence of gardener and servants. On 17th April 1995, the petitioner (intending purchaser) and respondent No. 3 (intending seller) filed form No. 37-1 in the office of the appropriate Authority. On 11th July 1995, show-cause notice was issued by the Appropriate Authority under Section 269-UD (1a) of the Act to the petitioner as well as respondent No. 3. After the petitioner submitted its reply dt. 20th July 1995, the Appropriate Authority passed the order dt.