SURINDER GUPTA Vs. CHIEF COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) This common order shall govern the disposal of five writ petitions, namely, CWP 3286/87,3287/ 87,3288/87,3289/87 and 3290/87 filed respectively by Surinder Gupta HUF, Surinder Gupta, Miss Neha Gupta minor (through father Surinder Gupta), Mrs Meenakshi Gupta and Miss Sunita Gupta minor (through father Surinder Gupta) respectively all arising out of an order passed in a set of common facts. The petitioners are seeking quashing of the order dated 6.11.1987 passed under Section 269 UD( 1) of the Income Tax Act, 1961 whereby the Appropriate Authority has in exercise of the powers conferred by Section 269 UD(i) of the Income Tax Act, 1961 ordered purchase of the suit property at an amount equal to apparent consideration for the transfer of the said property. In each of the writ petitions the Chief Commissioner of Income Tax, the Appropriate Authority, the Union of India and the four vendors have been joined as respondents. The petitioners are the prospective purchasers.

(2.) The suit property is a piece of land measuring 500 sq yards and bearing No. W/69 situated in Block of residential colony of Greater Kailash I, New Delhi, within the limits of Delhi Municipal Corporation along with a 2 storey residential house, servant quarter and garage standing thereon.

(3.) The relevant facts are not in controversy.