Law:

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Section 269D of the Income-tax Act, 1961 - Acquisition of immovable property - Preliminary notice - Whether, when publication of notice in Official Gazette has to precede service thereof on transferor and transferee, acquisition proceedings initiated by competent authority by service of notice on transferor and transferee before publication of such notice in Official Gazette were wrong and had to be set aside - Held, yes FACTS The owner sold certain property under a registered sale deed. The Government valuer on receipt of a reference from the IAC estimated the fair market value of the said property and on that as is the competent authority proceeded in the matter by issuing notices under section 269D(2) on 10-10-1980. However, the date of publication of notice under section 269D(1) in the Official Gazette was 15-11-1980. The competent authority ordered acquisition. However, the Tribunal, on appeal, set aside the order of the competent authority, holding that mandatory provisions of section 269D had not been complied with by the competent authority. On appeal: HELD A Full Bench of the High Court in CIT v. Amrit Sports Industries [1983] 144 ITR 113/15 Taxman 114 held that the publication of the notice in the Official Gazette under sub-section (1) of section 269D has to precede the service thereof on the transferor, the transferee and all other persons concerned under sub-section (2). Until and unless proceedings for acquisition come into existence by initiation thereof on the publication of the notice in the Official Gazette, service of the notice, inter alia, on the transferor and the transferee under sub-section (2) of section 269D would be meaningless and an exercise in futility. Following this, the appeals of the revenue held no ground and had to be dismissed. CASES REFERRED TO Satya Narain Prakash Punj v. Union of India [1986] 160 ITR 693 (Delhi), CIT v. Des Raj [1996] 220 ITR 7 / 87 Taxman 408 (Punj. & Har.), CIT v.Vinod Gupta [1996] 221 ITR 213 (Punj. & Har.). CIT v. Amrit Sports Industries [1984] 145 ITR 231/ 17 Taxman 393 (Punj. & Har.), P.V. Doshi v.CIT [1978] 113 ITR 22 (Guj.), CIT v. Rajbir Singh (HUF) [1998] 233 ITR 126 (Punj &…

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