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TMI Blog2019 (8) TMI 242X X X X Extracts X X X X X X X X Extracts X X X X ..... is adverse to the writ petitioner. Obviously, if it is in favour of the writ petitioner, that would be the end of the matter as far as writ petitioner's campaign qua impugned order is concerned. In the light of no opinion being expressed on merits, it is made clear that other legal recourse, if any available to the writ petitioner in law if resorted to, post respondent passing orders on 25.03.2019 claim / objections of writ petitioner will not be impeded by the instant order. This writ petition is disposed of, recording the submissions of the lone respondent that orders under Rule 11(4) of Schedule II will be passed within a fortnight from the date of receipt of a copy of this order, obviously order in 25.03.2019 claim / objection ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 39;Income Tax Act, 1961' ['IT Act' for brevity] 7. Notwithstanding the verbose averments and grounds made in the affidavit filed in support of the writ petition, learned counsel for writ petitioner, at the hearing today, submitted that the writ petitioner was originally owner of about 680 cents of land comprised in various survey numbers in Tiruvidanthai Village, Tiruvidanthai Panchayat, Kancheepuram District. 8. There is also no disputation that the writ petitioner entered into a joint venture agreement dated 05.05.2009 with a company, which goes by the name 'Regaliaa Reality Ltd' [hereinafter 'said company' for brevity] 9. Aforesaid extent of 680 cents of land ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... after 'said finance company' for brevity] and the writ petitioner parted with some part of said land in favour of said Finance company which according to the writ petitioner is for buying peace. 13. What is of utmost significance is, after issuing of impugned notice, the writ petitioner has set the law in motion, by filing an application on 25.03.2019, which is admittedly under Rule 11(1) of Schedule II of IT Act. In this context, this Court deems it appropriate to extract Rule 48 and Rule 11(1) of the IT Act. To be noted, Rule 48 is captioned 'Attachment' and Rule 11(1) is captioned 'Investigation by Tax Recovery Officer'. ' Attachment. 48. Attachment of the immovable property ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Tax Recovery Officer is satisfied that, for the reason stated in the claim or objection, such property was not, at the said date, in the possession of the defaulter or of some person in trust for him or in the occupancy of a tenant or other person paying rent to him, or that, being in the possession of the defaulter at the said date, it was so in his possession, not on his own account or as his own property, but on account of or in trust for some other person, or partly on his own account and partly on account of some other person, the Tax Recovery Officer shall make an order releasing the property, wholly or to such extent as he thinks fit, from attachment or sale. (5) Where the Tax Recovery Officer is satisfied that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... support of the claim / objections vide / under Rule 11(1), Schedule II of IT Act. It is submitted by learned counsel for writ petitioner that the instant writ petition was filed, as proceedings under Rule 11(1) were consuming time. Under such circumstances, learned Revenue counsel for respondent, on instructions, submits that the application / objections of the writ petitioner dated 25.03.2019 under Rule 11(1) will be disposed of inter-alia by passing an order under Sub Rule 4 of Rule 11 within a fortnight from the date of receipt of a copy of this order. This submission is recorded. 17. In the light of the respondent now dealing with the matter in accordance with the procedure prescribed / adumbrated under the Rules (as a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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