DIGVIJAY CEMENT CO LTD Vs. APPROPRIATE AUTHORITY

JUDGEMENT

(1.) This is an application filed by the writ petitioner, inter alia, challenging an order dated June 24, 1994, passed by the Appropriate Authority of Income-tax in proceedings bearing Case No. AA/CAL/1022 of March, 1994.

(2.) The case of the writ petitioner is that the writ petitioner submitted Form No. 37-1 in duplicate under Section 269UC(3) of the Income-tax Act, 1961, for permission of the concerned authorities to transfer the said property being the premises No. 15B, Hemanta Basu Sarani, Calcutta. Along with the said Form No. 37-1 the petitioner also filed the copy of the sale agreement which is also annexed to the writ petition being annexure-A. In this writ application, the writ petitioner prayed for a direction upon the respondents to issue the "no objection certificate" under Section 269UL(3) of the Income-tax Act in respect of the transfer of the industrial undertaking in terms of the agreement entered into between the writ petitioner and the private respondent being respondent No. 4.

(3.) Mr. Bhattacharjee, learned senior advocate, appearing on behalf of the writ petitioner, submitted that the order which has been passed by the concerned appropriate authorities is illegal and they have passed the said order in excess of their jurisdiction. Furthermore, the said order specifically said that the transfer is null and vid under Section 5(3) of the Urban Land (Ceiling and Regulation) Act, 1976. In passing the said order, the said authorities have acted in excess of their jurisdiction. He further submitted that the act of the appropriate authorities is illegal, mala fide and arbitrary.