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1989 (2) TMI 75

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..... 28, 1988, and further direct them to pay the balance amount of Rs. 4,59,325. The petitioner was the owner of a house property at No. 10, Rogers Road, Richards Town, Bangalore, and it entered into a sale agreement dated March 12, 1988, with a person in Bombay in respect of the property. The petitioner applied to the appropriate authority under the Income-tax Act for obtaining a no objection cert .....

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..... s follows: "The amount of consideration payable in accordance with the provisions of section 269UF shall be tendered to the person or persons entitled thereto, within a period of one month from the end of the month in which the immovable property concerned becomes vested in the Central Government under sub-section (1), or, as the case may be, sub-section (6) of section 269UE: Provided that i .....

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..... Admittedly, this has not been done in this case. Learned counsel appearing for the Income-tax Department also is not disputing the fact that no opportunity was given to the petitioner as contemplated by the proviso to section 269UG(1) of the Income-tax Act. In such circumstances, I am of the view that there is no justification for the Department to hold back the amount of Rs. 4,59,325 out of th .....

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