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2002 (1) TMI 4

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..... epartment is directed to deposit this amount of Rs. 47,01,000 along with interest at the rate of nine per cent. - - - - - Dated:- 14-1-2002 - K. V. Shivakumar And Another Versus Appropriate Authorities And Others Vidyavathi Kapoor Trust Versus Chief Commissioner of Income-Tax And Others Judge(s) : B. N. KIRPAL., D. P. MOHAPATRA. and R. P. SETHI. ORDER In the instant case th .....

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..... this amount as a joint purchaser and the entire sum of Rs.47,01,000 is not due and payable to Shivkumar. It is stated that some litigation (WP No. 40340 of 2001) is going on between the parties in the High Court at Bangalore. In our opinion, as far as the department is concerned, it is certainly not entitled to retain the sum of Rs.47,01,000 which had been deposited pursuant to the auction sal .....

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..... is given to the parties to approach the High Court for appropriate orders with regard to the disbursement of the said amount. It will be open to the parties to raise such contentions as may be available to them in accordance with law. It is clarified that it will be open to the Department to prove that this amount of Rs.47,01,000 stands forfeited. In the second round of compulsory purchase a sum .....

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