2024 (10) TMI 1033

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... and that the said property cannot be auctioned for recovery of the dues of the vendor - Sham transactions - HELD THAT:- Section 81 of the Act merely provides for declaration of certain transactions to be void transactions with certain safeguards embedded in the proviso. However, there is no machinery available for determination of the question as to whether the transactions in question are sham tr .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... itted to take out personal notice on the respondents by RPAD and file proof of service by the next date of hearing. 2. The Learned Government Pleader for Commercial Tax seeks time to obtain instructions and file counter affidavit. 3. The complaint of the petitioners, in the present case, is that the property purchased by them is being auctioned by the Deputy Assistant Commissioner (ST) II/ 4th res .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... rtain safeguards embedded in the proviso. However, there is no machinery available for determination of the question as to whether the transactions in question are sham transactions falling within the ambit of Section 81 of the Act. 7. Prima facie, this Court, subject to the contentions that may be raised by the learned counsel for the respondents, is of the opinion that the provisions of Section .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X