KARAMJIT SINGH & ORS. v. INSPECTING ASSISTANT COMMISSIONER OF INCOME TAX
[Citation -1986-LL-1231-4]
Citation | 1986-LL-1231-4 |
---|---|
Appellant Name | KARAMJIT SINGH & ORS. |
Respondent Name | INSPECTING ASSISTANT COMMISSIONER OF INCOME TAX |
Court | ITAT |
Relevant Act | Income-tax |
Date of Order | 31/12/1986 |
Judgment | View Judgment |
Keyword Tags | apparent consideration • competent authority • immovable property • issue of notice |
Bot Summary: | RAM RATTAN, A.M. These are appeals by three transferees against the order of the Competent Authority passed under s. 269F(6) of the IT Act, 1961, acquiring property house No. B-II, 1555/1-1555/2, Kucha Seth Sant Dass, Ludhiana. 16th May, 1986 reported in 54 CTR 27: 159 ITR 105 starting that w.e.f. 1st April, 1986 acquisition proceedings under s. 269C will not be initiated in respect of any immovable property for which the apparent consideration is Rs. 5 lacs or less and that where acquisition proceedings have been initiated by issue of notice under s. 269D, the proceedings will be dropped if the apparent consideration of the immovable property is below Rs. 5 lacs. A. No. 17 of 1986, we have taken the view that appellate proceedings are the continuance of the proceedings before t h e Competent Authority. The appellate authority can do what the assessing authority can do. In view of the circular of the Board, the Tribunal quashed the order of the Competent Authority i n that case. For the detailed reasons given therein, we have no hesitation in quashing the order passed by the Competent Authority in the instant case also and is hereby quashed. Since we have cancelled the order of the Competent Authority in view of the circular of the Central Board of Direct Taxes, we do not consider it necessary to go into the merits of the order of the Competent Authority at this stage. |