SHRIKRISHAN JINDAL Vs. S.K. LAUL

JUDGEMENT

(1.) This petition is filed to challenge the order dated February 25, 1993, passed by the appropriate authority under Section 269UD(1) of the Income Tax Act, 1961 ("the Act" for short).

(2.) The facts relevant for the present petition are that by an agreement dated May 30, 1987, the petitioners agreed to purchase from respondent No. 4 Flat No. 111, situated at Warden Road, Mumbai - 400 026 for a consideration of Rs. 40 lakhs. On an application made in Form No. 37-I, the appropriate authority under the Income Tax Act passed a purchase order on August 20, 1987, under Section 269UD(1) of the Act without giving an opportunity of hearing to the petitioners.

(3.) Aggrieved by the said order, the petitioners filed Writ Petition No. 2891 of 1987 in this court. By an order dated December 17, 1992, the said petition was allowed by setting aside the order dated August 20,1987, and the appropriate authority was directed to decide the issue afresh in the light of the judgment of the apex court in the case of C.B. Gautam v. Union of India, 1993 199 ITR 530.