S SHANKARAPPA Vs. INSPECTING ASSISTANT COMMISSIONER

JUDGEMENT

(1.) IN this petition under art. 226 of the Constitution, the petitioners has challenged notice No. CR 62/8231/76-77 Acq./B, dated 18-7-1977 (Ex. E) issued by the INspecting Assistant Commissioner of INcome-tax, Acquisition Range, Bangalore (hereinafter referred to as "the IAC"), respondent No. 1, purporting to be under s. 269D(1) of the I.T. Act, 1961(Central Act 43 of 1961)(hereinafter referred to as "the Act").

(2.) ONE Smt. Parvathamma and her daughter, Smt. Siddamma of Bangalore, were the owners of certain immovable properties situated in New Tharagupet, Bangalore, which are fully described in the schedule to the gift deed dated January 26, 1976 (Ex. A.). Smt. Parvathamma and Smt. Siddamma gifted the said property to the petitioner under the gift deed dated November 26, 1976 (Ex. A), and the GTO has also levied gift-tax on that gift under the G.T. Act. But, before completing the proceedings under the G.T. Act, the IAC has issued the impugned notice proposing to acquire the property under Chap. XX-A of the Act.

(3.) SRI. K. SRInivasan, learned senior standing counsel appearing for the respondents, sought to justify the impugned notice.