Jagdish Thakkar v. Commissioner Of Income Tax-I And Another

WP-4054-2015 (JAGDISH THAKKARVs THE COMMISSIONER OF INCOME TAX I)22-09-2015 HIGH COURT OF MADHYA PRADESH AT JABALPURW.P.No.4054/2015 Jagdish Thakkar Vs. Commissioner of Income Tax-I and another Present: Hon'ble Shir Justice Rajendra Menon Hon'ble Shri Justice C.V. Sirpurkar Shri Abhishek Oswal, counsel for the petitioner.Shri Sanjay Lal, counsel for the respondents. _____________________________________________________ ORDER(22/09/2015) .Per Rajendra Menon, J Having heard learned counsel for the parties with regard to theissue in question and after considering the principles of law laiddown by Supreme Court in the case of B.M. Milani Vs.Commissioner of Income Tax 2008 219 CTR 313. we find thatafter search and seizure operation was conducted under Section132 of the Income Tax Act on 23.11.1982, the matter is stillpending and the question of waver of interest, return of the assetsand imposition of penalty is to be decided by the Commissioner ofIncome Tax, Jabalpur. 2. It is the case of the revenue that after assessment order hasbeen passed till date petitioner has not deposited the actual taxdemanded. Taking note of all these circumstances, we deem itappropriate to dispose of this writ petition directing the petitionerto deposit the actual tax demand made by the department for the order of assessment within a period of four weeks from today andon the same being done, the matter shall be taken up by thecommissioner of Income Tax respondent No.1 who shall considerthe question of waver of interest, imposition of penalty and returnof assets of the petitioner. 3. After hearing all concerns and in accordance withrequirements of law within a period of 60 days, after the tax isdeposited by the petitioner. 4. With the aforesaid, the petition stands disposed of. (RAJENDRA MENON)JUDGE (C V SIRPURKAR)JUDGE