Commissioner Of Income Tax v. Shri Gulshan Kumar

IN THE HIGH COURT OF PUNJAB AND HARYANA ATCHANDIGARH. I.T.A. No.10 of 1987 Date of decision: 25.3.2011 Commissioner of Income Tax. Vs. Shri Gulshan Kumar. -----Appellant. -----Respondent and connected cases being I.T.A. Nos.11 to 13 of 1987 CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOELHON'BLE MR. JUSTICE RAJESH BINDAL Present:-Mr. I.P. Singh, Standing Counselfor the appellant. --- ADARSH KUMAR GOEL, J. This order will dispose of I.T.A. Nos.10 to 13 of 1987,as it is stated that all the appeals involve common question. I.T.A. No.10 of 1987 has been preferred by therevenue under Section 269-H of the Income Tax Act, 1961 (forshort, “the Act”) against the order of the Income Tax AppellateTribunal, Chandigarh setting aside the order of the competentauthority acquiring land of the assessee under Section 269H(6) ofthe Act. The Tribunal held that apparent consideration beingbelow `5 lacs, power of acquisition could not be exercised. Learned counsel for the revenue fairly states that thematter is covered against the revenue by judgment of the Hon’ble Supreme Court inMathew M. Thomas & ors.v. CIT[1999] 236ITR 691, judgment of this Court in CITv. Gursher Singh &another[1997] 225 ITR 725 and judgment of the Madras HighCourt inCITv. Sivan Soap Factory[1997] 227 ITR 126 holdingthat under Chapter XXA, power of compulsory acquisition couldbe exercised only in respect of immovable property whereapparent consideration was `5 lacs and above. In view of above, these appeals are dismissed. A photocopy of this order be placed on the file of eachconnected case. (ADARSH KUMAR GOEL) JUDGE March 25, 2011ashwani ( RAJESH BINDAL ) JUDGE