INDRAPRASTHA PREMISES (P) LTD. Vs. UOI

JUDGEMENT

(1.) THIS Petition was called out for final hearing yesterday. After submissions of the learned counsel appearing for the Petitioner were heard, we adjourned the matter as none appeared for the Respondent Nos. 1 to 3. We directed the learned counsel appearing for the Petitioner to serve notice to the Respondent Nos. 1 to 3. When the Petition is called out today, the learned Counsel for the petitioner stated that a notice has been accordingly given to the Legal Department of Union of India yesterday informing that the Petition is fixed today for final hearing. After the Petition was called out today, we kept the Petition back for half an hour as none appeared for the Respondent Nos. 1 to 3. Even on the second occasion, when the Petition was called out, none appeared for the Respondent Nos. 1 to 3.

(2.) BY this Writ Petition under Article of the Constitution of India, the Petitioner has challenged the order dated 24 -2 -1995 passed by the second Respondent (the Appropriate Authority) under Section of the Income -tax Act, 1961 (hereinafter referred to as "the said Act") and also the order of pre -emptive purchase under Section of the said Act.

(3.) A notice under section of the said Act was issued by the Assistant Commissioner of the Income -tax on behalf of the Appropriate Authority. By the said notice, the Petitioner was called upon to show cause as to why an order under section of the said Act should not be made and why adjustments set out in the notice should not be made. In the notice, a reference was made to a Sale Instance Property (hereinafter referred to as "SIP"). The SIP was a premises on the first floor of a building standing on Survey No. 153/A/1A, Hadapsar, Pune. The land under construction admeasures 552.76 sq. meters. The date of transaction of SIP was 10th May, 1989. In the notice, a reference is made to the location of the said property described as the Property Under Consideration (PUC) and the SIP. It was alleged in the notice as under: - -