9911796707
TMI Blog2018 (1) TMI 746X X X X Extracts X X X X X X X X Extracts X X X X ..... said company. 3. The prayer sought for in both the writ petitions is identical and therefore, the writ petitions are taken up together and disposed of by this common order. 4. In W.P.No.34732 of 2016, the petitioner company impugned the notice dated 06.7.2016 issued by the Income Tax Department under Section 226(3) of the Income Tax Act, 1961, addressed to the Special Tahsildar, calling upon them to pay the arrears of tax payable by the company as assessed for the assessment years 2008-09, 2011-12, 2012-13 and 2013-14. They also sought for a further direction to the State officials namely the District Collector and the Special Tahsildar to pay 15% of the disputed demand for the said assessment years from and out of the sum due to the pet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cision on the petitioners' stay petitions, which ought to have been taken prior to issuance of the garnishee order to the Special Tahsildar (LA). 7. The learned Senior Standing Counsel appearing for the Revenue would submit that the Income Tax Department is not concerned with the land acquisition proceedings or the compensation amount, which is to be paid by the State Government to the writ petitioners, but the Income Tax Department is interested in recovery of tax demanded in the respective assessment orders, which pertain to the business income of the petitioners and that they have nothing to do with the land acquisition proceedings. 8. In my considered view, such a stand taken by the Assessing Officer may not be fully correct espec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ners, the lands owned by them stand covered in the area, which is now proposed to be retained in the acquisition proceedings pursuant to G.O.Ms.No.167 dated 02.12.2017 and the payment of compensation as awarded is in the advanced stage of being settled and probably within 30 days, the compensation amount will be paid to the Department. 11. Thus, considering the above facts, this Court is of the considered view that the demand in the impugned assessment order can remain stayed till the disposal of the appeals by the Commissioner of Income Tax (Appeals) subject to a condition. 12. Accordingly, W.P.No.34732 of 2016 is allowed and the garnishee notice dated 06.7.2016 is set aside subject to the condition that both the petitioner company and t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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