IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. I.T.A. No.10 of 1987 Date of decision: 25.3.2011 Commissioner of Income Tax. -----Appellant. Vs. Shri Gulshan Kumar. -----Respondent and connected cases being I.T.A. Nos.11 to 13 of 1987 CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE RAJESH BINDAL Present:- Mr. I.P. Singh, Standing Counsel for the appellant. --- ADARSH KUMAR GOEL, J. This order will dispose of I.T.A. Nos.10 to 13 of 1987, as it is stated that all the appeals involve common question. I.T.A. No.10 of 1987 has been preferred by the revenue under Section 269-H of the Income Tax Act, 1961 (for short, “the Act”) against the order of the Income Tax Appellate Tribunal, Chandigarh setting aside the order of the competent authority acquiring land of the assessee under Section 269H(6) of the Act. The Tribunal held that apparent consideration being below `5 lacs, power of acquisition could not be exercised. Learned counsel for the revenue fairly states that the matter is covered against the revenue by judgment of the Hon’ble I.T.A. No.10 of 1987 Supreme Court in Mathew M. Thomas & ors. v. CIT [1999] 236 ITR 691, judgment of this Court in CIT v. Gursher Singh & another [1997] 225 ITR 725 and judgment of the Madras High Court in CIT v. Sivan Soap Factory [1997] 227 ITR 126 holding that under Chapter XXA, power of compulsory acquisition could be exercised only in respect of immovable property where apparent consideration was `5 lacs and above. In view of above, these appeals are dismissed. A photocopy of this order be placed on the file of each connected case. (ADARSH KUMAR GOEL) JUDGE March 25, 2011 ( RAJESH BINDAL ) ashwani JUDGE 2