9911796707
TMI Blog2005 (8) TMI 53X X X X Extracts X X X X X X X X Extracts X X X X ..... order dated December 24, 1991 passed under section 281 of the Income-tax Act is quashed and set aside. However, it is made clear that quashing of the said order dated December 24, 1991 will not affect the attachment if any levied by the Department in respect of the said premises and the right of the Department to have the transfer declared as void by taking appropriate proceedings in accordance wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s by respondent No. 3 as per the terms more particularly set out in the agreement dated June 14, 1983. By another agreement dated September 9, 1983 the petitioner claims to have purchased the said premises from respondent No. 3. The petitioner has moved the appropriate authority by filing Form No. 37EE/Form No. 37 and on March 21, 1987, and a no objection certificate was issued approving transfer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... came to know about the said order, he filed Writ Petition No. 1085 of 1990 to challenge the said order and by an order dated December 9,1990 this court set aside the order dated February 9, 1990 and directed the Assistant Commissioner of Income-tax to pass a fresh order in accordance with law after hearing the petitioner. Thereupon, notice was issued to the petitioner and the petitioner in its re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as void. He submitted that even assuming that such power existed, the facts of the case did not warrant an order under section 281 of the Income-tax Act because the transaction entered into by and between the petitioner and respondent No. 3 is prior to the date of filing of the return by respondent No. 3 for the assessment year 1984-85 and, therefore, it cannot be said that the assessment proceedi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... chment if any levied by the Department and the right of the Department to have the transfer declared void by taking appropriate proceedings in accordance with law. In this view of the matter, the impugned order dated December 24, 1991 passed under section 281 of the Income-tax Act is quashed and set aside. However, it is made clear that quashing of the said order dated December 24, 1991 will not ..... X X X X Extracts X X X X X X X X Extracts X X X X
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