Full Judgment Text
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PETITIONER:
M/s. ANADI PRAKASHAN AND ANOTHER
Vs.
RESPONDENT:
INSPECTING ASSISTANT COMMR. OF INCOME TAX AND OTHERS
DATE OF JUDGMENT26/08/1993
BENCH:
JEEVAN REDDY, B.P. (J)
BENCH:
JEEVAN REDDY, B.P. (J)
BHARUCHA S.P. (J)
CITATION:
1994 SCC Supl. (1) 575
ACT:
HEADNOTE:
JUDGMENT:
ORDER
Civil Appeal No. 2041 of 1982
1. Taken on board with the consent of counsel for both the
parties.
2. This appeal is preferred against the judgment of the
Madhya Pradesh High Court dismissing the appeal preferred by
the appellant under Section 269 (occurring in Chapter XX-A)
of the Income Tax Act.
3.The appellant purchased a house at Bhopal under a
registered sale deed dated February 13, 1973. The
consideration recited in the deed was Rs 49,000.
Proceedings were taken under Chapter XX-A of the Income Tax
Act with respect to the said property. The Valuation
Officer of the Income Tax Department valued the house at Rs
85,600. Before the Inspecting Assistant Commissioner (IAC),
both the appellant and the transferor admitted that the
consideration that really passed between them was in a sum
of Rs 90,000. In view of this admission and also taking
into consideration other material available before him, the
Inspecting Assistant Commissioner ordered acquisition of the
property by his order dated May 27, 1976. The appeal
preferred to the Tribunal under Section 269-G was dismissed.
The appellant then carried the matter in further appeal to
the High Court which too has been dismissed. Both the
Tribunal and the High Court have relied upon the admission
made by the appellant as well as the transferor with respect
to the actual consideration that passed between them.
4.We are unable to see any substance in this appeal.
Once it is admitted by the appellant and also by the
transferor that the consideration that really passed between
them is Rs 90,000, while the document shows that the
consideration is Rs 49,000 only, it is clear that the
requirements of Section 269-C(2) are satisfied. No other
material is brought on record which should induce us to take
a different view. The appeal accordingly fails and is
dismissed. No costs.
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W. P. (C) No. 3947 of 1982
5.This writ petition has been filed by the appellant in
Civil Appeal No. 2041 of 1982 challenging the constitutional
validity of the provisions contained in Chapter XX-A.
Having regard to the facts and circumstances of this case,
we are not inclined to go into the question of the
constitutional validity of the said Chapter XX-A,
particularly in view of the fact that except generally
saying that the provisions of the Chapter are
unconstitutional, no arguments as such have been addressed
by the learned counsel to substantiate the said plea. Writ
petition is accordingly dismissed. No costs.
577