9911796707
TMI Blog1986 (3) TMI 54X X X X Extracts X X X X X X X X Extracts X X X X ..... Gian Kaur and Smt. Gurcharan Kaur transferred a vacant plot of land measuring 1,865 square yards situated in Krishna Nagar, Amritsar, in favour of Jagdish Chand Bhatia, Gopal Dass and 0. P. Mani, for an ostensible consideration of Rs. 52,000. The Competent Authority, who was the Inspecting Assistant Commissioner of Income-tax (Acquisition Range), Amritsar, got the matter investigated in respect of the fair market value of the plot in dispute. The Income-tax Inspector who was deputed to make the investigation reported that the fair market value of the plot was much more than the sale price entered in the sale deed. On receipt of this information, the Competent Authority initiated acquisition proceedings under Chapter XX-A of the Act. The pre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this order of the Appellate Tribunal that the instant six appeals have been filed by the Commissioner of Income-tax, Amritsar. The impugned order of the Income-tax Appellate Tribunal has necessarily to be set aside as it runs counter to a Full Bench judgment of this court in CIT v. Amrit Sports Industries [1983] 144 ITR 113. In that case too, in the acquisition proceedings, notice as contemplated by section 269D(1) of the Act was duly published in the Official Gazette but the provisions of section 269D(2) had not been complied with. The Full Bench ruled that the plain language of section 269D of the Act lays down that the Competent Authority shall initiate acquisition proceedings by notice to that effect published in the Official Gazette ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... roperty is situated as also affixing a copy thereof in the office of the Competent Authority. These are in the nature of public notices supplemental to the publication in the Official Gazette which plants presumptive knowledge of the same to every one concerned. Apart from these, a further mode of service of notice is provided on the transferor, the transferee, the occupant and other persons interested in the property if known to the Competent Authority. These are subservient and supplemental provisions and the initiation of proceedings is complete with the publication in the Official Gazette. It was authoritatively ruled that the assumption of jurisdiction by the Competent Authority arises from such publication whereas the proceedings unde ..... X X X X Extracts X X X X X X X X Extracts X X X X
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