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TMI Blog1980 (11) TMI 37X X X X Extracts X X X X X X X X Extracts X X X X ..... he First ITO, Hassan Circle, Hassan, purporting to be under s. 230A of the I.T. Act, 1961. The petitioners were transferees of parcels of the properties belonging to an HUF whose karta is one M.P. Jayaram. The portions of the properties were bought under sale deeds dated December 4, 1978, and December 5, 1978. The consideration mentioned in each of the sale deeds was less than Rs. 50,000. The sa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under section 230A of the Act, I declare the transfers registered by the Sub-Registrar, Arsikere, under documents Nos. 1504, 1505 dated 4-12-1978 and 1517, 1518, 1519, 1520 dated 5-12-1978 as void under section 230A of the Act. " I may mention here that the transfers declared void were six in number whereas only five of the transferees have filed these writ petitions. But the order proceeds on a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt would not prejudicially affect the recovery of any existing liability under the Acts specified in s. 230A(1)(a), namely, the I.T. Act, the E.P.T. Act, the W.T. Act, the G.T. Act, etc., etc. The provision having not invested the ITO with any power to declare any transaction void, the action of the ITO under the impugned order, Ex. D, is clearly without jurisdiction. In respect of an analogous pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nsferor-assessee kept up the payment of the instalments. Anyhow, these are aspects which do not arise for consideration or for purposes of giving any direction at this stage. For the reasons stated, the order, Ex. D, in each of these cases is quashed as being without jurisdiction. There shall be no order as to costs. In W. P. No. 2807/80, rule nisi had not been issued, but only notice regardin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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