9911796707
TMI Blog2017 (6) TMI 251X X X X Extracts X X X X X X X X Extracts X X X X ..... d by the petitioners as the provisions to sub section (3) of Section 132B That being the position, we are of the considered view that with regard to the amount in question, at best the respondents can retain the amount so far as it pertains to discharge of tax liability of the petitioners for the year 2002-2003. 2003-2004 and 2004-2005, out of which according to petitioners showing for the assessment year 2002-2003 and for the year 2004-2005 certain amount has already been paid by them as is detailed in para 5 of their rejoinder along with documents Annexures 8/A and 8/B. The amount of ₹ 30 lacs retained by the Department cannot be permitted any further. They are liable to return the same after adjusting the liability for the ye ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ne, the petitioners filed this writ petition and sought for release of the amount in question. On notice being issued the Department authorities have filed a counter affidavit and that only justification for retaining the amount is the one, contained in para 8 of the counter affidavit, which for the sake of convenience is reproduced herein under: 8. That it is stated that the demand is pending against the assessee amounting to ₹ 21,755/- for A.Y. 2002-03, ₹ 62,860/- for A.Y. 2003-04 and ₹ 17,111/- for A.Y. 200405. Further, assessment is pending for A.Y. 2015-16. The amount will be released after adjustment of due tax. Except for contending that the aforesaid liabilities are to be discharged by the petitioners ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... harging the liability already determined on completion of the assessment proceedings and if that be the position then at best the amount that could be retained for discharging the liability will only be with regard to the assessment made in this particular case for the assessment year 2002-2003, 2003-2004 and 2004-2005 as admitted by the petitioners in the rejoinder to the counter affidavit. Apart from the aforesaid, merely because assessment for the year 2015-2016 is pending, no statutory right is available to the Department to retain any amount on this count. On going through the statutory provisions, as are detailed hereinabove, it is crystal clear that the amount seized can only be utilized for the purpose of discharge of liability w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e years 2002-2003 and 2004-2005 that also after causing an enquiry with regard to the amount already paid by the petitioners as deailed in para 5 of the rejoinder. The remaining amount should be returned back to the petitioners after causing an enquiry with regard to the averments made in para 5 of the rejoinder within a period of one month from the date of receipt of a copy of this order. That apart for the amount to be released to the petitioners after such detention the respondents shall also pay interest to the petitioners as provided under sub section 4A of Section 132B to be calculated in accordance with law. The amount of interest shall be paid within a period of two months from the date the entire amount is refunded. The amount b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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