Padam Gupta & ORS v. Principal Commissioner Of Income Tax & ORS

CWP-10139-2017

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-10139-2017 Date of decision : 15.12.2017 Padam Gupta and others ... Petitioner(s)

Versus

Pr. Commissioner of Income Tax-II, Jalandhar and others ... Respondent(s)

CORAM:

HON'BLE MR. JUSTICE AJAY KUMAR MITTAL HON'BLE MR. JUSTICE AMIT RAWAL

Present:

Mr. J.S. Bhasin, Advocate and Mr. Rajiv Sharma, Advocate for the petitioners.

Mr. Rajesh Sethi, Senior Standing Counsel with Mr. Arun Biriwal, Advocate for the respondent(s)-Revenue.

**** AJAY KUMAR MITTAL, J. (ORAL) The petitioners have approached this Court under Article 226 of the Constitution of India for directions to respondent Nos.1 to 5 for releasing cash amounting to ` 90,00,000/-, which was requisitioned and deposited in personal deposit account by invoking powers under Section 132A (1) of the Income Tax Act, 1961.

2.

Learned counsel for the petitioners submitted that a direction be issued to the authorities to frame the assessment. 3.

However, it was pointed out through the communication addressed to learned counsel for the respondent(s)-revenue that petitioner No.1-Padam Gupta, has not even filed the Income Tax Return for the Assessment Year 2017-18 so far, despite issuance of notice under Section Yogesh Sharma 2017.12.19 12:12 I attest to the accuracy and integrity of this document

CWP-10139-2017 142(1) of the Income Tax Act on 31.08.2017 to file the return. A prayer was made that a time-bound direction be issued. 4.

In view of above, we deem it appropriate that since the Income Tax Return for the Assessment Year 2017-18 has not been filed, the appropriate proceedings shall be taken by the revenue in accordance with law.

5.

The present writ petition stands disposed of. ( AJAY KUMAR MITTAL ) JUDGE ( AMIT RAWAL) JUDGE 15.12.2017 Yogesh Sharma Whether speaking/reasoned Yes/ No Whether Reportable Yes/ No Yogesh Sharma 2017.12.19 12:12 I attest to the accuracy and integrity of this document