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Search Results for "Chapter XX-C"

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High Court

Bombay High Court Dismisses Petition Challenging Compulsory Purchase of Property Under Chapter XXC of Income Tax Act — Delay in Passing Order Does Not Invalidate Acquisition. The period of two months under Section 269UD(2) of the Income Tax Act, 1961 for passing an order for compulsory purchase is directory, not mandatory, and the order passed after 16 years was upheld.

30 Jul 2013

The petitioners, Satish Balan, Ratish Balan, Janki Balan, and Adarsh Sehtty, entered into an agreement for purchase of a property admeasuring 555 sq. ...

High Court

Bombay High Court Dismisses Suit Challenging Income Tax Order for Lack of Jurisdiction Under Section 269UN of Income Tax Act, 1961. Jurisdiction of Civil Court Barred as Appropriate Authority's Order Under Chapter XXC Is Final and Conclusive.

7 Apr 2014

The plaintiff, Sasmita Investments Ltd., filed a suit in the Bombay High Court challenging an order passed by the Appropriate Authority under Chapter ...

High Court

Bombay High Court Allows Cooperative Housing Society's Petition Against Income Tax Department's Forcible Possession — Society Members Held to be Purchasers for Value Without Notice Under Section 269UE of Income Tax Act, 1961. The court quashed the order dated 21.10.1994 under Section 269UD and the communication dated 2.8.2017 threatening forcible possession, holding that the society members were bona fide purchasers for value without notice.

23 Jul 2019

The petitioner, New White Rose CHS Ltd, a Cooperative Housing Society, filed a writ petition challenging an order dated 21.10.1994 passed by the Appro...

High Court

Bombay High Court Quashes Preemptive Purchase Orders Under Chapter XXC of Income Tax Act — Difference in Valuation Below 15% Threshold. The Appropriate Authority's orders under section 269UD(1) were set aside as the difference between fair market value and apparent consideration was less than 15%, and no opportunity of hearing was given.

23 Dec 2011

The petitioners, Pandharinath Bhikaji Telge and Dattaram Bhikaji Telge, were owners of a property in Chembur, Mumbai. They entered into an agreement t...

Supreme Court

Supreme Court Upholds Pre-emptive Purchase Order Under Income Tax Act for Undervalued Property. Appropriate Authority's Valuation Based on Comparable Sales Upheld as Reasonable.

29 Jul 2019

The Supreme Court dismissed appeals by prospective buyers (Krishna Kumar Rawat & Ors.) and partly allowed the appeal by the Union of India against a H...

Supreme Court

Supreme Court Holds Auction Purchaser Not Liable to Pay Unearned Increase to DDA in Compulsory Acquisition Case. Conversion Charges Refunded as Property Conveyed Was Freehold, Not Leasehold.

12 Feb 2019

The Supreme Court of India heard two cross-appeals arising from a judgment of the Delhi High Court dated 30.03.2016 in LPA No.226 of 2014. The dispute...

High Court

Bombay High Court Allows Writ Petition Seeking Interest on Refund of TDS Under Section 244A of Income Tax Act — Mandamus Issued for Payment of Interest on Delayed Refund. CBDT Communication Denying Interest Held Contrary to Statutory Provisions and Quashed.

19 Jan 2016

The petitioner, M/s. Sunflag Iron & Steel Co. Ltd., a public limited company engaged in steel manufacturing, entered into an agreement with a German c...

High Court

Bombay High Court Sanctions Scheme of Amalgamation Between Casby CFS Pvt. Ltd. and Casby Logistics Pvt. Ltd. Under Section 394 of Companies Act, 1956 — Restructuring of Casby Group Approved. Court found the scheme fair, reasonable, and not contrary to public interest, with no objections from Regional Director.

19 Mar 2015

The judgment concerns a petition filed by Casby CFS Pvt. Ltd. (Transferor) and Casby Logistics Pvt. Ltd. (Transferee) seeking sanction of a scheme of ...

High Court

Bombay High Court Upholds Capital Gains Treatment for Land Sale by Estate Administrator — Assessee Not a Trader in Land. Surplus from sale of inherited land held as capital gain, not business income, under Income Tax Act, 1961.

24 Apr 2012

The case involved a reference under Section 256(1) of the Income Tax Act, 1961, at the instance of the Revenue, challenging the Tribunal's decision th...

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