9911796707
TMI Blog2011 (7) TMI 187X X X X Extracts X X X X X X X X Extracts X X X X ..... and will be subject to the outcome of the said proceedings - The writ is accordingly disposed of - W.P.(C) 7395/2010 - - - Dated:- 7-7-2011 - THE CHIEF JUSTICE, MR. JUSTICE SANJIV KHANNA, JJ. For Petitioner: Dr. Rakesh Gupta, Mr. Ashwani Taneja, Ms. Rani Kiyala and Ms. Poonamf Ahuja, Advocates. For Respondent: Ms. Rashmi Chopra, Advocate. O R D E R The petitioner, Sanjay Ghai impugns the order dated 14th November, 2007 passed by the Assistant Commissioner of Income Tax, Circle 7(1), New Delhi under Section 179 of the Income Tax Act, 1961 (Act, for short). He has also prayed for quashing of recovery proceedings of outstanding demand and for stay of recovery of demand of Rs. 28,71,84,883/-. 2. Income Tax Depart ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... imating that refund of Rs.38,92,957/- for A.Y. 1999-2000 and Rs.15,00,276/- for A.Y. 2003-2004 was due, but the said payment cannot be made because of the outstanding recovery in view of the order dated 14th November, 2007 passed under Section 179 of the Act. Thereafter, the petitioner wrote letter dated 23rd March, 2010 to the Additional Commissioner of Income Tax, Circle-1, Dehradun and inspected the records in Delhi and came to know about the said proceedings. 4. In the writ petition, a number of contentions have been raised including whether or not Section 179 of the Act can be invoked and is applicable to the present case, but the main and principal grievance raised by the petitioner is that he was never served with show cause notice ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on 179 of the Act is passed. 6. Accordingly, the impugned order dated 14th November, 2007 is set aside with a direction that the petitioner or his authorized representative will appear before the Deputy Commissioner of Income Tax, Circle 7(1), New Delhi on 29th August, 2011 at 2 p.m. He shall also file his reply to the notice under Section 179 of the Act on the said date. If required and necessary, the Assessing Officer can grant further opportunity of hearing to the petitioner. However, the proceedings under Section 179 of the Act will be disposed of within three months from the first date of hearing. Till the disposal of the proceedings under Section 179 of the Act, the petitioner shall not deal with, encumber or dispose of his immove ..... X X X X Extracts X X X X X X X X Extracts X X X X
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