TMI Blog2019 (3) TMI 290X X X X Extracts X X X X X X X X Extracts X X X X ..... at are pending registration. The following directions are issued: (i) The petitioner will deposit a sum of ₹ 50,00,000/- (Rupees fifty lakhs only) to the department. (ii) Upon receipt of the sum of ₹ 50,00,000/- as above, the Department will restrict the present attachment under section 281 B to the flats in S.Nos.1 to 20 of the tabulation set out in paragraph 12 above along with the undivided share of land in relation thereto. Upon satisfaction of the above conditions, there shall be no further proceedings for recovery undertaken by the income tax department till the disposal of the petitioners’ first appeal. - W.P. No.562 of 2019 And W.M.P.No.570 & 571 of 2019 - - - Dated:- 21-2-2019 - Dr. Justice Anita Sumanth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng (1)10454 sq.ft. in S.No.269 (2)34373 sq.ft. in S.No.274/1(part), (3)37991 sq. ft. in S.No.271/2(part), (4)9148 sq. ft. in S.No.317, (5)8278 sq. ft. in S.No.318/1, (6)4356 sq. ft. in S.No.318/2A and (7)30928 sq. ft. in S.No.318/2B in all totaling 135528 sq.ft at Thaiyur Village, Chengalpet Taluk, Kancheepuram District, at No.1, City Link Road, Adambakkam, Chennai 600 028 for a period of six months from 28.12.2018 to 27.06.2019. The petitioner is a builder and the property attached comprises its stock-in-trade. The attachment of the building project has, according to the petitioner, caused it severe hardship and prejudice and thus the petitioner has approached this Court praying for issuance of a Writ of Certiorari calling for the records ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has been made to protect the interests of the revenue and, as such, would have to continue till such time the petitioner has made good the disputed income tax demand. Moreover, the petitioner has itself filed letter dated 25.01.2019 before the Assessing Officer requesting that the impugned attachment be lifted to facilitate its business operations and undertaking to deposit a sum of ₹ 49,47,745/-, being 20% of the disputed tax demand within a period three working days. 7. Learned standing counsel for the revenue points out specifically that the petitioner has stated in the letter that it has issued instructions to their Advocate to withdraw the present Writ Petition notwithstanding which, the petitioner is before this Court pur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ary conditions and this handicap will strangle our business. We request you to take a sympathetic view and grant a stay of recovery proceedings. 2. We shall be filing the appeal against the said order of assessment before the Commissioner of Income Tax Appeals, Chennai on 25.01.2019. Our attempt to file the same got delayed due to system error, however the Fee of ₹ 1,000/- has been paid (filed on 25/1/19). 3. We have issued instructions to our advocates to withdraw the Writ Petition filed in High Court of Madras, copy enclosed. 4. We are arranging to deposit a sum of ₹ 49,47,745 being 20 per cent of the total tax demand within 3 working days. We request you to consider our petition for stay favourably and a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lated in respect of the forty three (43) apartments remaining unsold as below: No. of Apts. Apt # Area Apt. Value @ ₹ 3100 Psft Prov. For Regn. Stamp Duty @ ₹ 350 Psft Total value @ ₹ 3450 Psft 1 A-208 488 1,512,800 170,800 1,683,600 2 A-227 488 1,512,800 170,800 1,683,600 3 A-327 488 1,512,800 170,800 1,683,600 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1,683,600 15 B-113 636 1,971,600 222,600 2,194,200 16 B-134 636 1,971,600 222,600 2,194,200 17 B-142 488 1,512,800 170,800 1,683,600 18 B-213 636 1,971,600 222,600 2,194,200 19 B-231 544 1,686,400 190,400 1,876,800 20 B-23 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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