BABU RAJENDRA PRASAD vs. THE ASSISANT COMMISSIONER OF INCOME TAX
What did the High Court hold?
The Court disposed of the writ petition by directing the Department to consider the petitioner's representation (Ext.P6) and pass orders expeditiously within one month. The Standing Counsel for the Department assured the Court that if the petitioner undertakes to pay the arrears due, the Department will lift the lien in accordance with law and release the remaining seized gold. The Court's decision is based on the assurance given by the revenue and the need for expeditious disposal of the petitioner's representation. The specific legal arguments regarding the adjustment of refund or the validity of the lien were not adjudicated upon by the Court, as the matter was resolved through the Department's assurance and the Court's direction for expeditious consideration of the petitioner's representation.
What were the facts?
The petitioner's business premises were searched in 1995, leading to the seizure of 800 gms of gold. The assessment was completed in 2004. Following the search and seizure, the Department exercised a statutory lien over the petitioner's property via Ext.P4. A consequential order (Ext.P1) indicated the petitioner was entitled to a refund of Rs. 3,18,368/-. However, the Department intended to adjust this refund against a demand due for the assessment year 1999-2000. The petitioner wished to pay the balance amount and have the lien lifted, submitting a representation (Ext.P6) for this purpose, which led to the filing of this writ petition.
What were the issues?
1. Whether the Department should consider the petitioner's representation (Ext.P6) for lifting the lien on his property after adjusting the refund against the demand for assessment year 1999-2000. Assessee's Contention: The petitioner seeks consideration of his representation (Ext.P6) to pay the balance demand after adjusting the refund and consequently have the statutory lien on his property lifted. Revenue's Contention: The Standing Counsel assured the Court that if the petitioner undertakes to pay the arrears due to the Department, the lien will be lifted in accordance with law, and the remaining seized gold will be released. The judgment does not explicitly state arguments from the revenue regarding the adjustment of refund or the legality of the lien itself, beyond the assurance of lifting it upon payment of arrears.
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Cause title — parties, addresses and appearances
JUDGMENT The petitioner had its business premises searched in 1995. Then the Department seized 800 gms. of gold and completed the assessment in 2004. Because of the search and seizure, the Department exercised statutory lien, through Ext.P4, over the petitioner's property.
Later, the Department passed the Ext.P1 consequential order. As seen from it, the petitioner is entitled to a refund of Rs.3,18,368/-, but the department desires to adjust it towards the demand due for the assessment year 1999-2000. Thus adjusted, the petitioner wants to pay the balance amount and get the lien lifted. In that regard, he has submitted the Ext.P6 representation. Seeking its consideration, he has filed this writ petition.
In response to the submissions made by the petitioner's counsel, the Standing Counsel assures the Court that if the petitioner undertakes to pay the arrears due to the department, it will certainly lift the lien in accordance with law. Besides that, it will also release the remaining gold, for earlier the Department returned a part of the seized gold to the petitioner.
-3- W.P.(C). No. 31198 of 2018 Under these circumstances, I dispose of the writ petition holding that the department will consider the petitioner's Ext.P6 representation and pass orders, expeditiously, in one month. DAMA SESHADRI NAIDU JUDGE das
Appendix — schedule of exhibits
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