parties including Hindustan Petroleum Limited who have filed a suit of pre-emption on 12-1-1989. It is on the basis of the above ... purpose of lease as well as the right of pre-emption purchase. He, therefore, allowed the discount at 33 1/3% from the market value
favour by which he gifted the said land to his brother Yashpal
Bindal by duly executed Gift Deed dated 30 September, 2011. Ongoing through ... through a
registered deed, a suit filed before the sale deed is executed is premature as the right of pre-
emption under the statute
will permit a transfer of the leasehold rights. In the gift deed the valuation of the property was shown as Rs. 2 lakhs and stamp ... that rule. It was also contended that the registration of the gift deed showing a valuation of Rs. 2 lakhs can act only
valuation in respect of pre-
emptive purchase".(emphasis supplied).
21. The above was a case in respect of pre-emptive purchase.
Similarly ... page 700 pertaining to the Gift Tax case, the Madras
High Court held as under :
"The registered conveyance deed showed the value
improvements effected. The assessees also obtained the right of pre-emption (on the same terms i.e. at Rs. 4,46,000 plus the depreciated ... held that the conditions pertaining to the right of reconveyance/pre-emption retained by the assessees were not intended to be acted upon and were
Deputy Commissioner Of Income Tax vs Star Chemicals (Bom) (P) Ltd. on 30 April, 2007
Young Indian, New Delhi vs Cit(E), New Delhi on 15 November, 2019
In the
Mrs. Arathi Shenoy & Ors. vs Joint Commissioner Of Income Tax on 31 July, 2000
situation the Calcutta High Court has held that where there is a pre-emptive provision in the articles of association a transfer in violation ... credit of respondents
Nos. 2, 3 and 4. The spirit behind the pre-emptive provisions of the article
is that such a benefit should
Bharat Hotels Ltd. vs Deputy Commissioner Of Income-Tax on 17 April, 1995
Equivalent citations