Mr. Ravinder Singh Tomer v. Tax Recovery Officer Income Tax, Range-I, Room

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No. 1836/2009 Mr. Ravinder Singh Tomer, S/o Late Shri B.s. Tomer, Bhitariya Kund Opp. Amar Niwas, Near Rac Bataliyan Quarters, Rawatbhata Road Kota. ----Petitioner Versus Tax Recovery Officer Income Tax, Range-I, Room No. 215, Ii Floor, Central Revenue Building, Rawat Bhata Road, Kota ----Respondent For Petitioner(s): Mr. Gunjan Pathak For Respondent(s): Mr. Sidharth Bapna HON'BLE MR. JUSTICE AVNEESH JHINGAN HON'BLE MR. JUSTICE BHUWAN GOYAL Order 10/05/2024 1.This petition is filed aggrieved of notice dated 21.01.2009 for recovery of arrears specified in certificates No.77,78 & 79 dated 25.08.2008 by way of arrest of petitioner. The petitioner responded to the notice vide reply dated 02.02.2009 (Annexure 12). 2.It is submitted that petitioner was not a member of (Association of Persons) AOP on which demand was created. Grievance is that reply to the notice is not being considered. 3.Learned counsel for the respondent submits that the petitioner himself had furnished cheques for payment of demand. 4.This petition is pending since 2009 and there is an interim protection in favour of the petitioner. 5.Learned counsel for the parties are not having instructions as to whether the impugned demand has already been recovered or not? 6.Without commenting upon merits of the case, this petition is disposed of with direction to the respondent to first, consider the reply in accordance with law before proceeding further for recoveries. 7.Needless to say that the petitioner shall be at liberty to avail remedies in accordance with law for redressal of surviving grievances if any. (BHUWAN GOYAL),J (AVNEESH JHINGAN),J PAYAL DHAWAN /10