Cwp/16367/2014 Of S.c. Mittal v. Director General Of Income Tax Aayakar Bhawan And Ors

CM-10078-C W P-201CWP-16367-2014 (O&M) a IN THE HIGH COURT OF PUNJAB AND HARYANA|AT CHANDIGARH 226CM-10078-C WP-2019CW P-16367-2014 (O&MDate of Decision : 99.12.201 Sh. S.C.Mittal Proprietor of M/s Roxy Industrial Corporation ..... Petitioner 7$0)6) Director General of Income Tax ee ReSpondent CORAM : HON'BLE MR.JIUSTICE AJAY TEWAR*HON'BLE MR. JUSTICE LALIT BATRA;;; Present :Mr. Jagmohan Bansal, Advocate for the applicant-petitioner, Mr. Rajesh Katoch,Sr. Standing counsel withMs. Pridhi Jaswinder Sandhu, Advocatefor the respondent. ;;; AJAY TEWARI, J. (Oral) This is an application seeking permission to withdraw the main petition. On the oral request of both the learned counsel, main case is taken up for hearing today itself. This petition has been filed praying for quashing of therecovery notice dated 27.6.2014 (Annexure P-19), At this stage, learned counsel for the respondent has very fairly stated that the issue regarding the ownership of the jewellery whichwas the subject matter of this writ petition is in favour of the petitioner. We further find that the second issue of charging of interest under CM-10078-C W P-201CWP-16367-2014 (O&M) section 220 (2) and waiver under Section 220 (2A) of the Income TaxAct, 1961 has not been finalized by the competent authority till date, In these circumstances, learned counsel for the petitionerprays for permission to withdraw this petition with a further prayer that asregards the issue of the interest mentioned above the competent authoritybe directed to decide it at the earliest. [earned counsel for the Revenuehas no objection if this prayer is allowed by this Court. Consequently, the petition stands dismissed as withdrawn at this stage with liberty to the learned counsel for the petitioner to establishclaim of the ownership of the jewellery before the competent authorityand with a direction to the competent authority to decide the issue undersection 220(2) and Section 220 (2A) of the Act within a period of twomonths from the date of receipt of certified copy of this order. Thepetitioner would be at liberty to raise all the issues before the competentauthority. In view of order passed above, the application bearingCM-10078-C WP-2019stands dismissed as having been rendered infructuous. Since the main case has been dismissed as withdrawn,pending application, if any, also stands disposed of. (AJAY TEWARIT)JUDGE 9.122019"*60"5." (LALIT BATRA)JUDGE Whether speaking/reasonedYes/NoWhether reportableYes/NoWhether reportableYes/No