DUNLOP INDIA LTD. Vs. S.K. LAUL

JUDGEMENT

(1.) Heard learned Counsel for the rival parties. Perused the petition. Facts:

(2.) The petition is directed against the order dated June 29, 1992, passed by the appropriate authority under Sec. 269UD(1) of the Income-tax Act, 1961.

(3.) The petitioners have also challenged the constitutional validity of the said section. Mr. Mistry submits that in view of the apex court judgment in the case of C.B. Gautam V/s. UOI, 1993 199 ITR 530, the issue regarding constitutional validity of Sec. 269UD does not survive since it has already been decided and the validity of the legislation is upheld by the apex court. He, however, submits that while confirming the constitutional validity, the apex court read down the provisions of Sec. 269UD of the Income-tax Act. Hence the acquisition of the property under Sec. 269UD has to be in consonance with the principles of natural justice. Submissions: