Law:

Section:

Section 269UC, read with section 269UD, of the Income-tax Act, 1961 - Purchase of immovable property by Central Government - Order of - Statement filed in Form No. 37-I was held to be void by appropriate authority on ground that same was filed after physical possession of land was handed over to petitioner - Whether appropriate authority has only twin options either to purchase property or give 'no objection certificate' to petitioner and he has no jurisdiction to adjudicate upon legality of transfer - Held, yes - Whether, therefore, impugned order had to be set aside - Held, yes CASES REFERRED TO Tanvi Trading & Credits (P.) Ltd. v. Appropriate Authority [1991] 188 ITR 623/[1992] 60 Taxman 265 (Delhi), Appropriate Authority v. Tanvi Trading & Credits (P.) Ltd. [1991] 191 ITR 307 (SC), G.J Malik v. Appropriate Authority [C.W. No. 4452 of 1996],Smt. Jaspal Kaur v. Union of India [1999] 240 ITR 493/ 107 Taxman 536 (Delhi) and DLF Universal Ltd. v. Appropriate Authority[2000] 243 ITR 730/ 110 Taxman 315 (SC). D.S. Narula and Shaju Francis for the Petitioner. R.D. Jolly, Ajay Jha and Ms. Rashmi Chopra for the Respondent. ORDER Dalveer Bhandari, J. - This petition is directed against the order dated 17-9-1991 passed by the appropriate authority - the Deputy Commissioner. 2. The petitioner entered into an agreement dated 3-7-1991 with respondent No. 3 for the purchase of agricultural land measuring 2716 sq. yards falling in Khasra No. 641/1, 642/2 situated in the revenue State of Village Neb Sarai, New Delhi. The total sale consideration of the land was fixed at Rs. 35 lakhs. The petitioner in pursuance to the agreement performed his part of the contract and paid the entire consideration to respondent No. 3 as per the terms of the agreement and respondent No. 3 handed over the vacant and physical possession of the plot to the petitioner. 3. Since the sale consideration was more than Rs. 10 lakhs at the relevant time, the provisions of Chapter XX-C of the Income-tax Act, 1961 ('the Act') were attracted and the parties before getting the sale deed registered were required to submit an application under Chapter XX-C in Form No. 37-I within 15 days of the…

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