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TMI Blog2015 (8) TMI 559X X X X Extracts X X X X X X X X Extracts X X X X ..... Ms. Sweta Ghatak, Advocate For the Respondent : Mrs. Smita Das De, Advocate JUDGMENT I. P. Mukherji J.- The concerned assessment year is 2011-12. There is a demand from the Income-tax Department upon the assessee-writ petitioner for a sum of Rs. 12,11,86,487. Against the assessment order in question, the assessee's appeal before the Commissioner of Income-tax (Appeals) is pending. By an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch has been made before the Principal Commissioner of Income-tax regarding which there is no response till date. On September 10, 2014, the order dated July 17, 2014, was "annulled". Mr. J. P. Khaitan, learned senior advocate for the petitioner, tries to unfold the prima facie case of the assessee to show that the demand ex facie is unjust. To a substantial extent he has been able to establish s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erted into 22 carats upon addition of alloy was in fact of only 22 carats. It is nobody's case that that particular quantity of the gold was further converted into gold of lesser carat value. The addition of Rs. 26,35,09,093 made on the said basis is prima facie erroneous. Therefore, in my opinion, the writ petitioner has a substantial case to be tried before the Commissioner (Appeals). After ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eal by December 31, 2014. Other bank accounts of the writ petitioner with Union Bank of India, Sealdah Branch and Bank of India, Bowbazar Branch, will continue to remain attached with a rider that the Department will not be able to appropriate any sum therefrom till the disposal of the appeal before the Commissioner (Appeals). The continuance of attachment and operation of bank accounts will abid ..... X X X X Extracts X X X X X X X X Extracts X X X X
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