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TMI Blog2008 (2) TMI 819X X X X Extracts X X X X X X X X Extracts X X X X ..... ll the suit premises which are of the ownership of the petitioner. In our view, this cannot be permitted as respondents Nos. 1, 2, and 3 were never the owners of the suit premises. In the circumstances, the petition will have to be allowed.We, however, make it clear that the income-tax authorities will be at liberty to take any proceedings or steps in relation to their acquired assets and rights in accordance with law. - - - - - Dated:- 6-2-2008 - JUDGEMENT R. S. Mohite J.-This is a petition filed by Plaza Diamond Properties Pvt. Ltd. (hereinafter referred to as the petitioner ) seeking to quash and set aside an auction notice dated September 3, 2007, published by the Chief Commissioner of Income-tax-II in the Times of India date ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , inter alia, for construction of the foyer for the said Swastik India Pvt. Ltd. A copy of the consent decree under which the petitioner obtained ownership rights in respect of the suit premises is annexed at exhibit B to the petition. The copy of the indenture of sub-lease dated April 30, 1982, between Sharma Properties Pvt. Ltd. and Swastik India Pvt. Ltd. is annexed at exhibit C to the petition. (b) That after the petitioner obtained ownership rights, by an indenture of modification dated February 19, 1986, executed between the petitioner and the aforesaid sub-lessee (Swastik India Pvt. Ltd.), the rights of Swastik India Pvt. Ltd. were modified and their right of 9 renewals with effect from April 30, 1982, was changed and reduced to on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me-tax Act. Thereupon, the Income-tax Department appointed a valuer for the valuation of the suit premises and the valuer valued the suit premises at Rs. 10,65,67,580. (e) Consequently, the income-tax authorities decided to exercise their right of pre-emptive acquisition of the shares of Swastik (India) Private Limited and, accordingly, by an order dated June 27, 1997, passed under section 269UD of the Income-tax Act, the Central Government exercised the option to purchase the shareholding of Swastik India Private Ltd. from the shareholders of Swastik India Private Ltd. for the consideration of Rs. 4 crores. (f) Consequent to the aforesaid order dated June 27, 1997, on July 7, 1997, then the shareholders of Swastik India Pvt. Ltd. hande ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... section 269UJ, when the interim order of this court was pointed out to them. Thus, the acquisition was re-validated. (j) Writ Petition No. 1887 of 1997 came to be heard and, finally, disposed of by this court, by its judgment and order dated October 21, 2002. This court held that nothing had prevented the appropriate authority from passing fresh orders withdrawing from the acquisition after obtaining permission from the court. It was also held that the point raised by the Department, i.e., that the lease was less than 12 years required adjudication under section 269UJ and without any such adjudication the court could not permit the Department to raise the point in the writ petition, particularly there was no order passed by the Department ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dated October 10, 2006, the petitioner to the respondents, called upon the respondents to hand over vacant and peaceful possession of the said property and since this was not done, we are informed that a suit for eviction has been filed by the petitioner in the Court of Small Causes against the respondents for recovery of the suit premises. (m) The record also indicates that being aggrieved by the judgment and order of this court dated October 21, 2002, the income-tax authorities filed a review petition (being Review Petition (L) No. 4 of 2006), but by an order dated December 7, 2006, this court was pleased to dismiss the notice of motion for condoning the delay in filing the review petition and also dismissed the review petition simulta ..... X X X X Extracts X X X X X X X X Extracts X X X X
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