Madras High Court
N.Mohan vs The Assistant Commissioner Of Income ... on 2 September, 2015
Author: R.Subbiah
Bench: R.Subbiah
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.09.2015 CORAM THE HONOURABLE MR.JUSTICE R.SUBBIAH Writ Petition (MD).No.6959 of 2015 Writ Petition(MD).Nos.6959 to 6965 of 2015 and M.P.(MD)Nos.1,1,1,1,1,1,1,2,2,2,2,2,2 and 2 of 2015 N.Mohan ... Petitioner Vs 1.The Assistant Commissioner of Income Tax Circle III, No.44, Williams Road, Cantonment, Tiruchirappalli. 2.The Sub Registrar, Office of the Sub Registrar, K. Sathanur, Tiruchirappalli. ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorari to call for the records of the first respondent dated 21.02.2014 in PAN : AAUPM1314R/Cir III/2013-14 and the consequential extension of attachment dated 11.11.2014 and quash the same and to pass such further or other orders. !For petitioner : Mr.Murali Kumaran for Ms.Nisha Banu ^For respondent 1 : Mr.R.Krishnamoorthy Senior Standing Counsel :COMMON ORDER
In view of the fact that the issue involved in all the writ petitions is one and the same, all the writ petitions are taken up together and disposed of by a common order.
2.The Writ Petitions in W.P.(MD) Nos.6959 to 6962 of 2015 have been filed by Mr.N.Mohan and W.P.(MD) Nos.6963 to 6956 of 2015 have been filed by M.Anbarasi, W/o.N.Mohan challenging the order of attachment of properties of the petitioners, passed by the first respondent under Section 281(b) of the Income-Tax Act, 1961.
3.The learned counsel appearing for the petitioner submitted that the petitioners, who are assessees on the file of the first respondent under PAN No.AAUPM1314R and PAN No.ADJPA4491K, have been doing money lending business and also derive income from house property. A survey under Section 133-A of the Income Tax Act, 1961 was conducted in the business premises/residence of the petitioners on 21.08.2013. The petitioners were forced to make certain alleged admissions. In continuation of the said survey conducted on 21.08.2013, a notice under Section 148 of the Income Tax Act was issued by the first respondent calling upon the petitioners to file revised returns. Accordingly, the petitioners have filed the revised returns for the Assessment Years 2010-11 & 2012-13 and admitted an income of Rs.74,10,680/- for the Assessment Year 2010-11 and Rs.64,07,952/- for the Assessment Year 2012-13, giving rise to a tax liability of Rs.21,91,020/- for the Assessment Year 2010-2011 and Rs.17,96,717/- for the Assessment Year 2012-13. As far as the Assessment Year 2013-14 is concerned, the original assessment itself is yet to be completed. The petitioners have also remitted a sum of Rs.9,37,020/- for the Assessment Year 2010-11 and Rs.12,89,940/- for the Assessment Year 2012-13. While so, the first respondent invoked the provision of Section 281-B of the Income Tax Act and attached all their properties. Challenging the same, these writ petitions have been filed.
4.The first respondent has filed a detailed counter affidavit inter alia stating that the petitioners derive income from money lending and income from house property. The petitioners have not maintained any books of accounts for their money lending business and the income from house property. Further, the first respondent by denying all the allegations, sought for dismissal of the Writ Petitions.
5.Though very many contentions have been raised in all the writ petitions with regard to the validity of the said attachment order, today when the matter is taken up for consideration, the learned counsel for the petitioners would submit that the respondent had attached 21 properties belonging to the petitioners but the petitioners have agreed to retention of the property worth around Rs.3 Crores by the respondent Income Tax Department. After retaining the attached properties worth around Rs.3 Crores, the respondent can release the other properties. On such release, the petitioners are also willing to pay a sum of Rs.25 lakhs.
6.The learned Standing Counsel appearing for the respondent also agreed for the same.
7.In view of the above submissions, this Court directs the first respondent to release the properties from attachment after retaining the properties worth about 3 Crores within a period of two weeks from the date of receipt of a copy of this order. On such release, the petitioners are directed to deposit a sum of Rs.25 lakhs before the first respondent within a period of four weeks thereafter. This Court further directs the first respondent to complete the proceedings and pass appropriate orders within a period of four weeks thereafter.
8.With the above direction, the Writ Petitions are disposed of. No costs. Consequently, the connected miscellaneous petitions are closed.
To
1.The Assistant Commissioner of Income Tax Circle III, No.44, Williams Road, Cantonment, Tiruchirappalli.
2.The Sub Registrar, Office of the Sub Registrar, K. Sathanur, Tiruchirappalli..