Income Tax Act, 1961
Section 4: Subs. by Act 25 of 2014, s. 4, for “commissioner” (w.r.e.f. 12013).
4. Subs. by Act 25 of 2014, s. 4, for “commissioner” (w.r.e.f. 12013).
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(8) Every appeal under this section shall be disposed of as expeditiously as possible and endeavour
shall be made to dispose of every such appeal within ninety days from the date on which it is presented.
(9) The provisions of section 255 (except sub-section (3) thereof) shall, so far as may be, apply in
relation to the powers, functions and proceedings of the Appellate Tribunal under this section as they
apply in relation to the powers, functions and proceedings of the Appellate Tribunal under Chapter XX.
269H. Appeal to High Court.—(1) The 1[Principal Commissioner or Commissioner] or any person
aggrieved by any order of the Appellate Tribunal under section 269G may, within sixty days of the date
on which he is served with notice of such order under that section, prefer an appeal against such order to
the High Court on any question of law :
Provided that the High Court may, on an application made in this behalf before the expiry of the said
period of sixty days, permit, by order, the appeal to be presented within such further period as may be
specified therein, if the applicant satisfies the High Court that he has sufficient cause for not being able to
present the appeal within the said period of sixty days.
(2) An appeal under sub-section (1) shall be heard by a Bench of not less than two Judges of the High
Court and the provisions of section 259 shall apply in relation to any such appeal as they apply in relation
to a case referred to the High Court under section 256.
(3) The costs of the appeal shall be in the discretion of the High Court.
269-I. Vesting of property in Central Government.—(1) As soon as may be after the order for
acquisition of any immovable property made undersub-section (6) of section 269F becomes final, the
competent authority may, by notice in writing, order any person who may be in possession of the
immovable property to surrender or deliver possession thereof to the competent authority or any other
person duly authorised in writing by the competent authority in this behalf, within thirty days of the date
of the service of the notice.
Explanation.—For the purposes of this sub-section, an order for the acquisition of any immovable
property (hereafter in this Explanation referred to as the order for acquisition) made under sub-section (6)
of section 269F becomes final,—
(a) in a case where the order for acquisition is not made the subject of an appeal to the Appellate
Tribunal under section 269G, upon the expiry of the period during which such appeal may be
presented under that section;
(b) in a case where the order for acquisition is made the subject of an appeal to the Appellate
Tribunal under section 269G,—
(i) if the order for acquisition is confirmed by the Appellate Tribunal and the order of the
Appellate Tribunal is not made the subject of an appeal to the High Court under section 269H,
upon the expiry of the period during which such appeal may be presented under that section to the
High Court;
(ii) if the order of the Appellate Tribunal is made the subject of an appeal to the High Court
under section 269H, upon the confirmation of the order for acquisition by the High Court.
(2) If any person refuses or fails to comply with the notice under sub-section (1), the competent
authority or other person duly authorised by the competent authority under that sub-section may take
possession of the immovable property and may, for that purpose, use such force as may be necessary.
Every appeal under this section shall be disposed of as expeditiously as possible and endeavour
shall be made to dispose of every such appeal within ninety days from the date on which it is presented.
The provisions of section 255 (except sub-section
thereof) shall, so far as may be, apply in
relation to the powers, functions and proceedings of the Appellate Tribunal under this section as they
apply in relation to the powers, functions and proceedings of the Appellate Tribunal under Chapter XX.
269H. Appeal to High Court.—
The 1[Principal Commissioner or Commissioner] or any person
aggrieved by any order of the Appellate Tribunal under section 269G may, within sixty days of the date
on which he is served with notice of such order under that section, prefer an appeal against such order to
the High Court on any question of law :
Provided that the High Court may, on an application made in this behalf before the expiry of the said
period of sixty days, permit, by order, the appeal to be presented within such further period as may be
specified therein, if the applicant satisfies the High Court that he has sufficient cause for not being able to
present the appeal within the said period of sixty days.
An appeal under sub-section
shall be heard by a Bench of not less than two Judges of the High
Court and the provisions of section 259 shall apply in relation to any such appeal as they apply in relation
to a case referred to the High Court under section 256.
The costs of the appeal shall be in the discretion of the High Court.
269-I. Vesting of property in Central Government.—
As soon as may be after the order for
acquisition of any immovable property made undersub-section
of section 269F becomes final, the
competent authority may, by notice in writing, order any person who may be in possession of the
immovable property to surrender or deliver possession thereof to the competent authority or any other
person duly authorised in writing by the competent authority in this behalf, within thirty days of the date
of the service of the notice.
Explanation.—For the purposes of this sub-section, an order for the acquisition of any immovable
property (hereafter in this Explanation referred to as the order for acquisition) made under sub-section
of section 269F becomes final,—
in a case where the order for acquisition is not made the subject of an appeal to the Appellate
Tribunal under section 269G, upon the expiry of the period during which such appeal may be
presented under that section;
in a case where the order for acquisition is made the subject of an appeal to the Appellate
Tribunal under section 269G,—
if the order for acquisition is confirmed by the Appellate Tribunal and the order of the
Appellate Tribunal is not made the subject of an appeal to the High Court under section 269H,
upon the expiry of the period during which such appeal may be presented under that section to the
High Court;
if the order of the Appellate Tribunal is made the subject of an appeal to the High Court
under section 269H, upon the confirmation of the order for acquisition by the High Court.
If any person refuses or fails to comply with the notice under sub-section