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february 2019

Supreme Court of India · 2019-02-12

Delhi Development Authority vs M/S. Karamdeep Finance And Investment ...

Citation / case number
AIRONLINE 2019 SC 558
Court
Supreme Court of India
Petitioner
Delhi Development Authority
Respondent
M/S. Karamdeep Finance And Investment ...
Author
Ashok Bhushan
Bench
K.M. Joseph, Ashok Bhushan

Judgment text excerpt

The Supreme Court upheld the Delhi High Court's decision that the demand of Rs.1,43,90,348/- raised by the Delhi Development Authority (DDA) was illegal under the provisions of the Perpetual Lease Deed and Section 269UD of the Income Tax Act, 1961. The Court clarified that the lessee's obligation to pay unearned increase only arises upon sale or transfer with prior consent, which was not applicable in this case. The Court affirmed the High Court's order to return the conversion charges paid by the writ petitioner, M/s. Karamdeep Finance & Investment (I) Pvt. Ltd.

Delhi Development Authority vs M/S. Karamdeep Finance And Investment ... · Niyam