Appropriate Authority of Income Tax vs Jagdish Electricians India P. Ltd. and Others

The High Court in a proceeding that arose under Chapter XX-C of the income tax Act, 1961, for compulsory purchase of certain immovable property on being challenged held (see Jagdish Electronics (India) Pvt. Ltd. and Another Vs. Appropriate Authority, Income Tax and Others, that the show cause notice issued was too vague and did not disclose the reasons thereof nor the material considered by the appropriate authority in reaching a tentative conclusion was disclosed and, therefore, the whole proceedings stood vitiated and thereby quashed the said notice. In doing so, the High Court adverted to the decision in C.B. Gautam Vs. Union of India and Others, and also other two decisions in Writ Petition No. 1918 of 1993, Shreyas Builders v. M. D. Kodnani and Writ Petition No. 2818 of 1994, Shreyas Builders and Another and Laxman Ganesh Tulshibaughwala and Others Vs. M.D. Kodnani and Others, and followed the same. The latter two matters had been brought up before this court and special leave petitions stood dismissed. In that view of the matter, we do not find any merit in these appeals and the same stand dismissed accordingly.