PR.COMMISSIONER OF INCOME TAX-2 vs. K RAVINDER REDDY

C/MCA/2184/2016 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/MISC. CIVIL APPLICATION NO. 2184 of 2016 In MISC. CIVIL APPLICATION NO. 3677 of 2014 With R/MISC. CIVIL APPLICATION NO. 1147 of 2018 With R/MISC. CIVIL APPLICATION NO. 1278 of 2018 With R/MISC. CIVIL APPLICATION NO. 1297 of 2018 With R/MISC. CIVIL APPLICATION NO. 1444 of 2017 In MISC. CIVIL APPLICATION NO. 3278 of 2015 With R/MISC. CIVIL APPLICATION NO. 1468 of 2017 In MISC. CIVIL APPLICATION NO. 3567 of 2015 With R/MISC. CIVIL APPLICATION NO. 1504 of 2017 In SPECIAL CIVIL APPLICATION NO. 6521 of 2010 With R/MISC. CIVIL APPLICATION NO. 2185 of 2016 In MISC. CIVIL APPLICATION NO. 3676 of 2014 With R/MISC. CIVIL APPLICATION NO. 2763 of 2017 In SPECIAL CIVIL APPLICATION NO. 9060 of 2016 With R/MISC. CIVIL APPLICATION NO. 3209 of 2016 In SPECIAL CIVIL APPLICATION NO. 18072 of 2011 With R/MISC. CIVIL APPLICATION NO. 584 of 2017 In SPECIAL CIVIL APPLICATION NO. 1196 of 2010 With R/MISC. CIVIL APPLICATION NO. 625 of 2017 In SPECIAL CIVIL APPLICATION NO. 330 of 2011 Page 1 of 5

C/MCA/2184/2016 ORDER With R/MISC. CIVIL APPLICATION NO. 936 of 2018 With R/MISC. CIVIL APPLICATION NO. 937 of 2018 ========================================================== MAHENDRASINH ALIAS MEDUBHA KAKUBHA VALA Versus STATE OF GUJARAT ========================================================== Appearance: MR BJ TRIVEDI(921) for the PETITIONER(s) No. 1 MR JT TRIVEDI(931) for the PETITIONER(s) No. 1 MS JIGNASA B TRIVEDI(3090) for the PETITIONER(s) No. 1 MR CHINTAN DAVE, ASST GOVERNMENT PLEADER(1) for the RESPONDENT(s) No. 1,2,3,4,5 ========================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ANANT S. DAVE and HONOURABLE MR.JUSTICE BIREN VAISHNAV

Date : 08/01/2019

ORAL ORDER (PER : HONOURABLE MR.JUSTICE BIREN VAISHNAV) Mr. Chintan Dave, learned Assistant Government Pleader for the respondent places a statement on record showing details/status of the contempt applications and states that the orders for which compliance is sought in these applications have been complied with. The said statement is as under: Name of the applicant MCA No. Details of the case status Mahendra Kakubha Vala 2184/2016 Out of the amount of Rs. 585368/- payable to the applicant, amount of Rs.518208/- after deducting income tax and professional tax has been paid to the applicant vide Executive Engineer, Irrigation Department, Bhavnagar’s cheque no. 100218 dated 06.01.2017, and out of the amount of Rs. 82625/- Page 2 of 5

C/MCA/2184/2016 ORDER payable to the applicant, amount of Rs.82225/- after deducting income tax and professional tax has been paid to the applicant on 01.08.2018 and out of the amount of Rs. 179282/-, amount of Rs.149035/- after deducting income tax and professional tax has been paid to the applicant on 13.08.2018. Bhagwanbhai Ranchhodbha i Rathod 2185/2016 Out of the amount of Rs. 477393/- payable to the applicant, amount of Rs.394283/- after deducting income tax and professional tax has been paid to the applicant vide Executive Engineer, Irrigation Department, Bhavnagar’s cheque no. 100218 dated 06.01.2017, and out of the amount of Rs. 82625/- payable to the applicant, amount of Rs.62265/- after deducting income tax and professional tax has been paid to the applicant on 01.08.2018 vide cheque no. 132890and out of the amount of Rs. 143169/-, amount of Rs.117112/- after deducting income tax has been paid to the applicant on 13.08.2018. Danjibhai Bhanbhai Maru 936/2018 Out of the amount of Rs. 800092/- payable to the applicant, amount of Rs.717133/- after deducting income tax and professional tax has been paid to the applicant vide Executive Engineer, Irrigation Department, Bhavnagar’s cheque no. 397404 dated 05.01.2019. Jeshankar Shivshankar Pandya 937/2018 Out of the amount of Rs. 839602/- payable to the applicant, amount of Rs.745440/- after deducting income tax and professional tax has been paid to the applicant vide Executive Engineer, Irrigation Department, Bhavnagar’s cheque no. 397403 dated 05.01.2019. Vajabhai Kanubhai Hadiyal 1147/2018 Out of the amount of Rs. 1125455/- payable to the applicant, amount of Rs.963726/- after deducting income tax and professional tax has been paid to the applicant vide Executive Engineer, Irrigation Department, Bhavnagar’s cheque no. 397409 dated 05.01.2019. Bhupatbhai Lakhabhai Rathod 1297/2018 Out of the amount of Rs. 1486516/- payable to the applicant, amount of Rs.1206268/- after deducting income tax and professional tax has been paid to the applicant vide Executive Page 3 of 5

C/MCA/2184/2016 ORDER Engineer,

Irrigation

Department, Bhavnagar’s cheque no. 397420 dated 05.01.2019. Surubha Popatbha Gohil 3209/2016 Out of the amount of Rs. 1404625/- payable to the applicant, amount of Rs.1149081/- after deducting income tax and professional tax has been paid to the applicant on 08.08.2018 and 20.08.2018. Mahipatsinh Ramsinh Sarvaiya 584/2017 Out of the amount of Rs. 14,47,462/- payable to the applicant, amount of Rs.1150143/- after deducting income tax and professional tax has been paid to the applicant on 08.08.2018 and out of the amount of Rs. 2,64,451/- payable to

the

applicant,

amount

of Rs.2,08,834/- after deducting income tax and professional tax has been paid to the applicant. Ratubha Mahobbatsin h Gohil 625/2017 Out of the amount of Rs. 1032080/- payable to the applicant, amount of Rs.898432/- after deducting income tax and professional tax has been paid to the applicant on 08.08.2018 and 20.08.2018. Narsang Bhagwanbhai Rathod 1444/2017 Out of the amount of Rs. 1070522/- payable to the applicant, amount of Rs.947108/- after deducting income tax and professional tax has been paid to the applicant on 20.08.2018. Manubhai Madhabhai Charadiya 1468/2017 Out of the amount of Rs. 1020428/- payable to the applicant, amount of Rs.902094/- after deducting income tax and professional tax has been paid to the applicant on 20.08.2018. Mathurbhai Karshanbhai Makwana 1504/2017 Out of the amount of Rs. 83763/- payable to the applicant, amount of Rs.82203/- after deducting income tax has been paid to the applicant on 01.08.2018, and out of the amount of Rs. 95760/- payable to the applicant, amount of Rs.95260/- after deducting income tax and out of the amount of Rs. 1183694/- payable to the applicant, amount of Rs.942185/- after deducting income tax have been paid to the applicant on 08.10.2018. Dilubha Umedsinh Vala 1278/2018 Out of the amount of Rs. 1506384/- payable to the applicant, amount of Rs.1220770/- after deducting income Page 4 of 5

C/MCA/2184/2016 ORDER tax and professional tax has been paid to the applicant vide Executive Engineer,

Irrigation

Department, Bhavnagar’s cheque no. 397405 dated 05.01.2019. Apparently, therefore, there is substantial compliance of the orders of which breach is alleged to have been committed by the respondents. It is clarified that if there is any grievance remaining on the part of the applicants, with regard to the calculations of the amounts paid or discrepancy therein and also regarding deduction of tax, it will be open for the applicants to voice the same before the appropriate authority. In view of the above, applications are disposed of. (ANANT S. DAVE, ACJ) (BIREN VAISHNAV, J) DIVYA Page 5 of 5