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october 2001

Supreme Court of India · 2001-10-11

Rakesh C. Rastogi And Anr. vs Appropriate Authority And Anr.

Citation / case number
AIR 2002 SUPREME COURT 2373
Court
Supreme Court of India
Petitioner
Rakesh C. Rastogi And Anr.
Respondent
Appropriate Authority And Anr.
Bench
S.P. Bharucha, Brijesh Kumar

Judgment text excerpt

The Supreme Court set aside the judgment of the Delhi High Court which dismissed the appellants' writ petition challenging the order of the appropriate authority under Chapter XX-C of the Income-tax Act, 1961. The Court held that the appropriate authority failed to adequately consider a comparable sale instance, which was relevant for determining the valuation of the property under Section 269UD of the Income-tax Act. The Court emphasized that the FAR differences cited by the authority were not sufficiently substantiated, leading to an unjust denial of the 'No objection certificate' to the appellants.

Rakesh C. Rastogi And Anr. vs Appropriate Authority And Anr. · Niyam