Disposed

M/S Nasib Singh & Sons HUF v. Chief Commissioner of Income Tax & Ors.

Punjab & Haryana HC27 Jul 2015CWP/3859/2015

Case brief

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What is this about?

Single judge order directing maintenance of status quo on fixed deposits under attachment by Respondent No.4 until Income-tax Officer decides the stay application by August 10, 2015 or within four weeks thereafter.

What did the court decide?

Direction to respondents to maintain status quo on fixed deposits under attachment until CIT decides stay application by 10.8.2015 or within four weeks thereafter.

M/S Nasib Singh & Sons HUF Vs Chief Commissioner of… — Income Tax | Punjab & Haryana HC (2015)

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In the High Court of Punjab and Haryana, at Chandigarh

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Civil Writ Petition No. 3859 of 2015

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Date of Decision: 27.7.2015

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M/s Nasib Singh and Sons HUF

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... Petitioner(s)

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Versus

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Chief Commissioner of Income-tax and Others

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... Respondent(s)

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CORAM: HON'BLE MR. JUSTICE S.J. VAZIFDAR, ACTING CHIEF JUSTICE. HON’BLE MR. JUSTICE G.S. SANDHAWALIA.

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Present: Mr. D.S.Patwalia, Senior Advocate with Mr. Sehejbir Singh, Advocate for the petitioner(s).

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Mr. Rajesh Katoch, Advocate for respondents No.1 to 3.

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Mr. I.P.S.Doabia, Advocate for respondent No.4.

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S.J. VAZIFDAR, A.C.J. (Oral)

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Pursuant to the order of the Settlement Commission, the Assessing Officer has re-assessed the tax dues. Admittedly, the tax dues even with interest are less than 1,00,00,000/-. The fixed deposits issued by respondent No.4-State Bank of India with accretions thereto are of the value of over 1,00,00,000/-. The revenue, therefore, is totally protected.

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In the circumstances, it will be only fair to direct the respondents to maintain status quo in respect of the fixed deposits till the CIT decides the petitioner's application for stay. The application for stay has already been made. However, the petitioner shall be at liberty

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DEEPAK KUMAR BHARDWAJ 2015.07.29 10:25 I attest to the accuracy and authenticity of this document

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Civil Writ Petition No. 3859 of 2015

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to make a fresh comprehensive application for stay.

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In the circumstances, the petition is disposed of by directing all the parties to maintain status quo in respect of the fixed deposit receipts, which are under attachment. In other words, the amount shall not be appropriated by the department and the petitioners till the CIT decides the petitioner's application for stay, if made, on or before 10.8.2015 and for a period of four weeks, thereafter, in the event of the order being adverse to the petitioner. The release of the other amounts shall also be decided by the CIT while deciding the application for stay.

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(S.J.Vazifdar) Acting Chief Justice

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(G.S.Sandhawalia) Judge

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July 27, 2015 “DK”

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DEEPAK KUMAR BHARDWAJ 2015.07.29 10:25 I attest to the accuracy and authenticity of this document

M/S Nasib Singh & Sons HUF v. Chief Commissioner of Income Tax & Ors.

Case brief

What is this about?

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M/S Nasib Singh & Sons HUF v. Chief Commissioner of Income Tax & Ors.

Case brief

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