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PETITIONER: M/s.  ANADI  PRAKASHAN AND ANOTHER

       Vs.

RESPONDENT: INSPECTING  ASSISTANT  COMMR. OF INCOME TAX AND OTHERS

DATE OF JUDGMENT26/08/1993

BENCH: JEEVAN REDDY, B.P. (J) BENCH: JEEVAN REDDY, B.P. (J) BHARUCHA S.P. (J)

CITATION:  1994 SCC  Supl.  (1) 575

ACT:

HEADNOTE:

JUDGMENT: ORDER Civil Appeal No. 2041 of 1982 1.   Taken on board with the consent of counsel for both the parties. 2.   This  appeal is preferred against the judgment  of  the Madhya Pradesh High Court dismissing the appeal preferred by the appellant under Section 269 (occurring in Chapter  XX-A) of the Income Tax Act. 3.The  appellant  purchased  a house at  Bhopal  under  a registered   sale  deed  dated  February  13,   1973.    The consideration   recited   in  the  deed   was   Rs   49,000. Proceedings were taken under Chapter XX-A of the Income  Tax Act  with  respect  to the  said  property.   The  Valuation Officer of the Income Tax Department valued the house at  Rs 85,600.  Before the Inspecting Assistant Commissioner (IAC), both  the  appellant and the transferor  admitted  that  the consideration  that really passed between them was in a  sum of  Rs  90,000.  In view of this admission and  also  taking into consideration other material available before him,  the Inspecting Assistant Commissioner ordered acquisition of the property  by  his  order dated May  27,  1976.   The  appeal preferred to the Tribunal under Section 269-G was dismissed. The  appellant then carried the matter in further appeal  to the  High  Court  which too has been  dismissed.   Both  the Tribunal  and the High Court have relied upon the  admission made by the appellant as well as the transferor with respect to the actual consideration that passed between them. 4.We  are  unable to see any substance  in  this  appeal. Once  it  is  admitted  by the appellant  and  also  by  the transferor that the consideration that really passed between them  is  Rs  90,000,  while the  document  shows  that  the consideration  is  Rs  49,000 only, it  is  clear  that  the requirements  of Section 269-C(2) are satisfied.   No  other material is brought on record which should induce us to take a  different  view.   The appeal accordingly  fails  and  is dismissed.  No costs.

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W.   P. (C) No. 3947 of 1982 5.This  writ petition has been filed by the appellant  in Civil Appeal No. 2041 of 1982 challenging the constitutional validity  of  the  provisions  contained  in  Chapter  XX-A. Having  regard to the facts and circumstances of this  case, we  are  not  inclined  to  go  into  the  question  of  the constitutional   validity   of  the   said   Chapter   XX-A, particularly  in  view  of the fact  that  except  generally saying   that   the   provisions   of   the   Chapter    are unconstitutional,  no arguments as such have been  addressed by the learned counsel to substantiate the said plea.   Writ petition is accordingly dismissed.  No costs. 577