9911796707
TMI Blog2004 (11) TMI 100X X X X Extracts X X X X X X X X Extracts X X X X ..... section 132B, it is clear that though there was a right in favour of the petitioner, he had not approached the court within a reasonable period. The right to return of the article accrued on October 25, 1985 or latest on October 4, 1986 and he ought to have approached the court within a reasonable period from that date. It is clear that when he has approached this court in 1992, 7 years later, it cannot be said that it is within a reasonable period. Therefore, on the ground of delay and laches we are not inclined to entertain this petition. X X X X Extracts X X X X X X X X Extracts X X X X ..... se (iii) of the said sub-section and the amount of the liability determined on completion of the regular assessment or reassessment for all the assessment years relevant to the previous years to which the income referred to in clause (i) of that sub-section relates (including any penalty levied or interest payable in connection with such assessment or reassessment) and in respect of which he is in default or is deemed to be in default may be recovered out of such assets. (ii) If the assets consist solely of money, or partly of money and partly of other assets, the Assessing Officer may apply such money in the discharge of the liabilities referred to in clause (i) and the assessee shall be discharged of such liability to the extent of the m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... b) Such interest shall run from the date immediately following the expiry of the period of six months from the date of the order under sub-section (5) of section 132 to the date of the regular assessment or reassessment referred to in clause (i) of sub-section (1) or, as the case may be, to the date of last of such assessments or reassessments." We called upon the petitioner to show us any order of appropriation. However, it was stated that no specific order was made for appropriation. We put a specific question as to whether any application was made by the assessee to the appropriate authority under section 132B(3) for return of the amount or the articles in view of the said provision. There is no application made in this behalf. It may b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itioner could have approached the court after the assessment order was made or after the Commissioner of Income-tax (Appeals) decided the appeal in his favour on July 4, 1986. He kept quiet and approached this court only in 1992. Even thereafter the petitioner never bothered to see that the matter is taken up for admission. It is only when the Registry was called upon to trace the old matters which were lying in the Registry, this matter was brought to the notice of the court. There is an order made by this court on January 8, 1993 to the effect that the matter be listed for arguments on March 1, 1993. The Division Bench passed this order possibly in view of the fact that none remained present. Even on the next date, i.e., March 1, 1993 th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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