TMI Blog1979 (3) TMI 34X X X X Extracts X X X X X X X X Extracts X X X X ..... 9H 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 the property by the transferor to the transferee. P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... econd 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, therefore, the property was put in charge of arbitrat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rty 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 find the order of the Tribunal as one based on certain ..... X X X X Extracts X X X X X X X X Extracts X X X X
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