Income Tax Appellate Tribunal - Chandigarh
Gurbux Kaur Sandhu, Mrs. vs Iac on 1 January, 1800
Equivalent citations: (1983)15TTJ(CHD)128
ORDER
UNDER S. 269F--Wrong presumption of competent authority. Ratio :
Competent authority's presumption that an authority of central government (Chandigarh Administration) had valued property at lower figure was not justified, therefore, proceeding initiated by competent authority were illegal.
Facts :
Certain plot of land in sector 33C of Chandigarh was purchased by the appellant for a value, which was almost the same as determined by the Chandigarh Administration for the purposes of charging unearned increase in the value of plot. The competent authority initiated proceedings under section 269D on the basis of the valuation made by the Valuation Officer.
Held :
The Competent authority was not justified in ignoring the valuation made by the Chandigarh Administration in respect of the value of the plot and was also not justified in ignoring the evidence of sale of plot. His order under section 269F(6) acquiring the plot was bad in law.
Income Tax Act 1961 s.269F