Prime Urban Development India Limited v. Income Tax Officer
2012-04-27
M.JAICHANDREN
body2012
DigiLaw.ai
Judgment :- 1. Heard the learned counsel for the petitioner, as well as the learned counsel appearing on behalf of the respondents. 2. s writ petition has been filed challenging the notices, dated 21.2.2012, issued by the first respondent, under Section 226(3) of the Income Tax Act, 1961. The petitioner had further prayed for a direction to direct the third respondent to dispose of the application, dated 6.2.2012, filed by the assessee, under Section 220(6) of the Income Tax Act, 1961, pending disposal of the appeal filed by the assessee. 3. It has been stated that the impugned notices, dated 21.2.2012, had been issued by the first respondent, to the banks concerned, stating that a sum of Rs.17,56,03,720/- is due from the petitioner, on account of income tax/penalty/interest/fine. Therefore, the banks concerned were required, under Section 226(3) of the Income Tax Act, 1961, to pay to the first respondent the said amount, payable by the assessee. It had also been stated that the notices would have the same effect as an attachment of debt, under Section 222 of the Income Tax Act, 1961. 4. The learned counsel appearing on behalf of the petitioner had submitted that the amount said to be due from the assessee has been disputed by the assessee and it is the subject matter of the appeal, pending on the file of the third respondent. However, recovery proceedings had been initiated against the assessee, pending disposal of the said appeal. The learned counsel had further submitted that the attachment of the bank accounts, by way of the impugned notices, is causing grave hardship to the petitioner and therefore, the attachment may be raised. 5. Per contra, the learned counsel appearing on behalf of the respondents had submitted that a huge amount of Rs.17,56,03,720/- is due from the assessee, the petitioner herein, as arrears of income tax. Even though the petitioner has preferred an appeal and it is pending disposal on the file of the third respondent, the impugned notices had been issued attaching the bank accounts of the petitioner, invoking the relevant provisions of the Income Tax Act, 1961, in order to safe-guard the interest of the revenue. He had further submitted that the petitioner may be directed to pay a substantial amount, as a pre-condition for the disposal of the appeal, pending on the file of the third respondent, on merits and in accordance with law.
He had further submitted that the petitioner may be directed to pay a substantial amount, as a pre-condition for the disposal of the appeal, pending on the file of the third respondent, on merits and in accordance with law. 6. In view of the submissions made by the learned counsels appearing on behalf of the petitioner, as well as the respondents and in view of the fact that the bank accounts of the petitioner have been attached, as per the impugned notices, dated 21.2.2012, issued by the first respondent, this Court finds it appropriate to direct the third respondent to dispose of the appeal, filed by the petitioner, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. However, it is made clear that this Court, by this order has not expressed any opinion on the merits of the matter. The writ petition is disposed of, with the above directions. No costs. Consequently, connected miscellaneous petitions are closed.