TMI Blog1995 (7) TMI 45X X X X Extracts X X X X X X X X Extracts X X X X ..... appearing for the respondents. By this petition, the petitioner seeks a writ in the nature of certiorari quashing the recovery proceedings on the basis of demand notice dated August 7, 1981, and show-cause notice of the same date contained in annexures-13 and 14, respectively, to this petition. It is contended that in pursuance of the impugned show-cause notice and demand notice, an amount of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se for recovering the income-tax dues was adopted and in pursuance of that, the demand notice and show-cause notice, which are under challenge in this petition, have been issued. Learned counsel for the petitioner, Sri Janardan Sahai, submits that the amount in question is a disputed one inasmuch as the Department alleges that the petitioner is also required to deposit the enhanced rent whereas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ade to the Tax Recovery Officer (respondent No. 1) but no decision having been taken thereon has persuaded the petitioner to file the instant petition. As observed above, since disputed questions of fact cannot be adjudicated in the writ jurisdiction, it is directed that if till date the petitioner's representation contained in annexure-10 has not been decided, the same shall be disposed of with ..... X X X X Extracts X X X X X X X X Extracts X X X X
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