9911796707
TMI Blog1990 (3) TMI 36X X X X Extracts X X X X X X X X Extracts X X X X ..... dity and legality of the notice dated October 8, 1985, issued by the Competent Authority informing the petitioner that he was directing that proceedings for acquisition of the suit property be initiated under section 269D of the Income-tax Act, 1961. The petitioner and respondent No. 3 entered into a sale agreement dated November 19, 1984, in respect of the suit property which is a flat in a resi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the proceedings under section 269D were initiated out of time inasmuch as (i) the notice was received by the petitioner on February 3, 1987, i.e., long after nine months of the registration of the sale agreement ; (ii) to the knowledge of the petitioner, the said notice was not published in the Official Gazette, and (iii) there was non-application of mind on the part of the Competent Authority as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dharam Aildas Thadani v. IAC of IT [1990] 184 ITR 439) on Friday, the 23rd instant and the judgment pronounced in that case was in favour of the petitioner. Both the issues, viz., publication of notice in the Official Gazette as well as retention of the words "and/or" in the notice between the two objects are covered by that judgment. Facts and rival contentions in this case being covered by the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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