GOVARDHANDAS ODHAVJI DHAKAN Vs. S K LAUL

JUDGEMENT

(1.) Whether the Appropriate Authority was justified in passing the impugned order on 25/2/1993 under Section 269UD(1) of the Income Tax Act ('the Act' for short) for purchase of Flat No.11 (3rd floor) Vatika, Vile Parle Vatika CHS Limited, Baptista Road, Vile Parle (West), Bombay 400 056 ('the said flat' for short) is the question raised in this petition.

(2.) The relevant facts are that, by an agreement dated 21st November, 1988, the petitioners had agreed to purchase the said flat for consideration of Rs.17,21,000/-. On an application made in Form No.37-I, the Appropriate Authority passed an order under Section 269UD(1) of the Act on 27-10-1989 for purchase of the said flat without giving any opportunity of hearing to the petitioners. On a Writ Petition bearing No.3216 of 1989 filed, this Court by an order dated 16-12-1992 set aside the order dated 27/10/1989 and directed the Appropriate Authority to decide the matter afresh in the light of the directions given by the Apex Court in the case of C.B. Gautam Vs. Union of India, 1993 199 ITR 530.

(3.) Accordingly, a show cause notice was issued to the petitioners on 1-1-1993 seeking to purchase the said flat on the basis of the three sale instances set out therein. The petitioners by their reply dated 30-1-1993 objected to the purchase of the said flat under Section 269UD(1) of the Act. By the said reply, the Appropriate Authority was called upon to furnish a copy of the report regarding valuation of the property. Admittedly, copy of the valuation report has not been furnished. Thereafter by the impugned order dated 25-2-1993, the Appropriate Authority once again sought to purchase the said flat under Section 269UD(1) of the Act. Challenging the said order, present petition is filed.