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1979 (3) TMI 34

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..... MANUJAM J.-These appeals have been filed under s. 269H of the I.T. Act, 1961 (hereinafter called " the Act "), in respect of an order passed by the Income-tax Appellate Tribunal allowing the appeals filed by the transferor as well as the transferee against the orders of the IAC of Income-tax acquiring certain property under s. 269F(6) on the ground that there has been an undervaluation in selling .....

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..... he sale deed at Rs. 30,000 can be taken to be fair; second is that, taking the sale price which the income-tax department itself adopted for purchasing the adjoining plot, the value given by the transferor in the sale deed for the land cannot be said to be too low; third is that the sale in question should be taken as a distress sale as the transferor was pressed for payment by his creditors and, .....

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..... f a building and what is the market value of the property on the date of the sale are all questions of fact which will not enable this court to interfere with the order of the Tribunal in the matter. The question whether the sale is a distress sale or not also is one of fact and this court cannot in exercise of the power under s. 269H of the Act interfere with the order of the Tribunal. Since we f .....

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