ASGARALI HAJI ABDULALI Vs. C M BETGERI

JUDGEMENT

(1.) BY this writ petition the petitioner has challenged the order dated 17-02-1993 passed by the Appropriate Authority under sub-section (1) of section 269ud of the Income tax Act, 1961 ("the Act" ). By the said order, the Appropriate Authority has ordered the purchase of the immovable property in question by the Central Government in exercise of the powers under section 269-UD of the Act.

(2.) THE agreement of sale in the instant case was made by the petitioner on 20-12-1991 and statement in Form No. 37-I alongwith the said agreement was filed before the Appropriate Authority on 31-12-1991. The agreement related to the transfer of shop No. 2a, Machinery House, 11a, Burjorji Bharucha Marg, Bombay - 23 alongwith five shares of Rs. 50/- each bearing distinctive Nos. 91 to 95 under share certificate No. 20 issued by Machinery Premises Co-operative Society Ltd. As per the statement, the apparent consideration for transfer of the said immovable property is Rs. 24,51,000/ -.

(3.) AFTER receipt of the statement in Form No. 37 I, on 26-2-1992, the Appropriate Authority passed order under section 269 UD (1) of the Act in respect of the above property. The said order was challenged by the petitioner before this Court by filing a writ petition which was numbered as Writ Petition No. 633 of 1992. Following the decision of Supreme Court in (C. B. Gautam v. Union of India in Transfer Case No. 26 of 1987) (reported in (1993)1 S. C. C. 78, the said writ petition was disposed of by this Court by order dated 16-12-1992. By the above order of this Court, the matter was remanded to the Appropriate Authority to decide it afresh in the light of the directions contained in the judgment of the Supreme Court in C. B. Gautams case (supra ). In terms of the directions of the Supreme Court contained in the said decision, it was also made clear by this Court that the statement in Form No. 37-I submitted by the petitioner on 31-12-1991 shall be treated if it was submitted on the date of the order of this Court i. e. 16-12-1992.