GODSIL INVESTMENTS PVT LIMITED Vs. INSPECTING ASSISTANT COMMISSIONER

JUDGEMENT

(1.) THE petitioner has challenged the validity and legality of the notice dated October 8, 1985, issued by the Competent Authority informing the petitioner that he was directing that proceedings for acquisition of the suit property be initiated under S. 269D of the IT Act, 1961.

(2.) THE petitioner and respondent No. 3 entered into a sale agreement dated November 19, 1984, in respect of the suit property which is a flat in a residential building. The agreement was registered with the Registrar of Assurances on February 20, 1985. Particulars as required under section 269AB(2) of the IT Act, 1961, in Form No. 37EE were submitted by the petitioner to the Competent Authority on December 18, 1984, and the agreement was deemed to have been registered at Serial No. 5434 on February 14, 1985, in the office of the Competent Authority.

(3.) DR . Balasubramanian, learned counsel for the Department, fairly invited the Court's attention to the fact that a similar matter had come up before this Court in Writ Petition No. 1095 of 1987 (Udharam Aildas Thadani vs. IAC of IT (1990) 85 CTR (Bom) 32 : (1990) 184 ITR 439) on Friday, the 23rd instant and the judgment pronounced in that case was in favour of the petitioner. Both the issues, viz., publication of notice in the Official Gazette as well as retention of the words "and/or" in the notice between the two objects are covered by that judgment.