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april 1997

Supreme Court of India · 1997-04-03

SRI NANDLAL TEJMAL KOTHARI vs THE INSPECTING ASSISTANT COMMISSIONER OF INCOME TAX & ORS.

Citation / case number
SC 1986/69863
Court
Supreme Court of India
Petitioner
SRI NANDLAL TEJMAL KOTHARI
Respondent
THE INSPECTING ASSISTANT COMMISSIONER OF INCOME TAX & ORS.
Author
D.P. WADHWA K. RAMASWAMY
Bench
D.P. WADHWA K. RAMASWAMY

Judgment text excerpt

The Supreme Court reiterated the principles established in C.B. Gautam vs. Union of India regarding the necessity of recording reasons for administrative decisions, emphasizing that such reasons must be communicated to the aggrieved party to prevent arbitrary actions by authorities. The Court directed that in cases of compulsory purchase of property, the Central Government must pay the seller the apparent consideration plus 9% interest from the date of the impugned order. Additionally, it clarified that the period for reckoning under Section 269-UD(1) should be based on the disposal date of pending matters or the date of vacating stay orders, as applicable.

SRI NANDLAL TEJMAL KOTHARI vs THE INSPECTING ASSISTANT COMMISSIONER OF INCOME TAX & ORS. · Niyam