J.V.Gupta, J.

1. This appeal on behalf of the Commissioner of Income-tax, Jullundur, has been filed under Section 269H of the I.T. Act, 1961 (hereinafter called " the Act "), against the order of the Income-tax Appellate Tribunal, Amritsar Bench, Amritsar (hereinafter called "the Tribunal"), whereby the order of the Competent Authority under Section 269F of the Act, acquiring the plot in question was held to be invalid.

2. Briefly stated, the relevant facts are that the plot, measuring approximately 16 marlas (3,360 square feet), was sold by M/s. Guru Nanak Public Welfare Trust, Milap Chowk, Jullundur, to M/s. Amrit Sports Industries, Basti Nau, Jullundur, the respondent, for a sum of Rs. 40,000, vide registered sale deed No. 3809 dated September 8, 1977. Shri Nirmal Singh, Inspector, made his report dated April 20, 1978, to the effect that the plot in dispute was of the market value of Rs. 1,32,000 on the date of the sale. The Competent Authority initiated the proceedings under Section 269C of the Act. The relevant notice was published in the official Gazette on June 3, 1978. It appears, in the meantime, the respondent had built some shops on the plot in question and had l