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Hindumal Balmukund Investment Co. Pvt. ... vs Appropriate Authority And Ors. on 19 September, 1995 cites

C.B. Gautam vs Union Of India & Ors on 17 November, 1992

5. We have carefully considered the contentions raised before us and gone through the material made available to us. It has to be noticed that Chapter XX-C under which the provisions of pre-emotive purchase have been enacted are not laws enacted as such for acquiring the property but are provisions relating to implementation of the IT Act. It is also true that any provision under such statute may not only contain the provisions related to levy, but may contain all incidental and necessary provisions to make the levy effective. That provision must necessarily either relate to the levy of the tax or provide for necessary machinery provisions for its due collection. It may also provide for preventing evasion and avoidance of tax. It is only in the light of this scope that the provisions of Chapter XX-C are to be viewed. In our opinion, the provisions contained in Chapter XX-C are directly referable to providing for meeting the challenge of evasion of tax liability which may arise as a result of transfers of immovable property. Therefore, for invoking such provision the nexus between the estimated undervaluation and attempt to tax evasion has to be established. The Supreme Court in the case of C. B. Gautam vs. Union of India & Ors. (1993) 199 ITR 530 (SC) has stated :
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