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TMI Blog2012 (11) TMI 593X X X X Extracts X X X X X X X X Extracts X X X X ..... e Department is, according to the Department, insufficient to realise the probable demand. In such circumstances, the prayer sought in this writ petition, cannot be granted and therefore, the writ petition is dismissed. This shall be without prejudice to the right of the petitioner to seek appropriate orders once the assessment proceedings attained finality. - WP(C).No. 15190 of 2009 (P) - - - Da ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2,80,294/-. 2. In appeal filed by the assessee, the Appellate Commissioner brought down the value of undisclosed income to Rs.62,56,273/-. Insofar as 8640.330 grams of gold claimed to have been purchased from a dealer in Ahmedabad is concerned, the Commissioner remitted the matter to the assessing authority to decide the issue. Against the remand order of the Appellate Commissioner alone, Depa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by sale of sufficient quantity of gold ornaments retained by the Department. The refusal on his part to sell the same and carry out such adjustment is totally illegal and arbitrary. B. The first respondent ought to have noticed that the petitioner have expressed their inability to raise funds to clear the amount demanded and consequently requested to sell the adjust the amounts due by selling su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ands that may ultimately be decided. According to respondents, the probable total liability is more than Rs.1.53 crores and the gold remaining with the department was only 5094 grams, which is valued at Rs.76,41,000/-. Thus, assessment proceedings are still not complete and one kilogram of gold has been released to the petitioner after this writ petition was filed and what is held by the Dep ..... X X X X Extracts X X X X X X X X Extracts X X X X
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