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2016 DIGILAW 119 (GUJ)

Piyush Ranchhodbhai Patel v. Principal Commissioner of Income Tax

2016-01-18

AKIL ABDUL HAMID KURESHI, MOHINDER PAL

body2016
ORDER : Akil Abdul Hamid Kureshi, J. 1. The petitioners belong to the same family. They are subjected to block assessment orders which has given rise to tax plus interest liabilities, totalling to approximately Rs. 14 crores. They have challenged such orders of assessment passed by the Assessing Officer and appeals are pending before the Commissioner(Appeals). Pending such proceedings, they initially prayed for stay against recoveries to the Assessing Officer, who refused the request, upon which the petitioners approached the Commissioner who by an order dated 6.11.2015 insisted the petitioners to deposited 50% of the outstanding demand latest by 31.3.2016 upon which condition the recovery of remaining 50% would stand stayed. 2. In the meantime, the bank accounts and properties of the petitioners have been placed under attachment by the Income tax department. They have therefore, filed these petitions challenging the order of attachment of the immovable properties dated 26.11.2015 and the order of attachment of bank accounts dated 28.7.2015. 3. Though one of the prayers made in the petition also for setting aside the assessment orders, counsel for the petitioners had made it clear at the outset that the appeals have already been filed by the petitioners against such orders and that therefore, only prayer pressed in these petitions is with respect to lifting of the attachment. In our order dated 18.12.2015, we had recorded the stand of the petitioners that they own landed properties whose combined Jantri value comes to close to Rs. 33 crores. These properties are under attachment in addition to bank accounts of the petitioners. Today when the matters were taken up for hearing, learned counsel for the petitioners pointed out that the petitioners have already deposited a sum of Rs. 2 crores with the department even before the Commissioner's orders came to be passed. He further submitted that the petitioners owned two separate properties whose Jantri value comes to Rs. 4.90 crores and Rs. 2.20 crores. If these properties are allowed to be sold, the petitioners would be able to deposit the full 50% of the tax demand as provided by the Commissioner in his said order dated 6.11.2015. To show the petitioners' bona fide, as soon as the bank accounts are released from attachment, the petitioners would deposit a further sum of Rs. 2 crores within 15 days of lifting of the attachment. 4. To show the petitioners' bona fide, as soon as the bank accounts are released from attachment, the petitioners would deposit a further sum of Rs. 2 crores within 15 days of lifting of the attachment. 4. Having heard learned counsel for the parties and having perused the materials on record, we grant the liberty to the petitioners to deposit 50% of the tax demand as required by the Commissioner in his order dated 6.11.2015 in the following manner: 1) Sum of Rs. 2 crores has already been deposited earlier. 2) Sum of Rs. 2 crores would be deposited with the Commissioner latest by 5.2.2016, upon lifting of the attachment of the bank accounts which is hereby done. 3) The petitioners would be allowed to dispose of the properties bearing survey No. 756/1 at Dumas and survey No. 351, FP No. 66 at Abhva on the condition that out of the sale consideration, the petitioners shall deposit the entire remaining amount of 50% of the tax demand before appropriating any sale consideration towards sale of the said two plots. 4) Such amount shall be deposited latest by 30.5.2016. 5) If for some reason, the petitioners are unable to meet this deadline, it would be open for them to apply for extension, which would be considered based on the efforts made by the petitioners for carrying out such directions. 6) Till the petitioners meet with the requirement of depositing 50% of the tax demand with the department, the petitioners shall not sale, lease, transfer or create any charge on any of their immovable properties, except those mentioned in condition No. 3 above. 7) The petitioners shall file an undertaking before this Court latest by 1.2.2016 that they will abide by the conditions mentioned above and further declare that all the immovable properties referred to by the petitioners are free from any charge or encumbrances, except for land bearing survey No. 41/1, FP No. 274 of village Rundh of which we are informed the current Jantri value is Rs. 3 crores. 5. Petitions are disposed of accordingly. Direct service is permitted.