Nma/1163/2014 Of Shailesh D. Shah v. The Assistant Commissioner Of Income Tax 25(2), Mumbai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1163 OF 2014 ININCOME TAX APPEAL NO.1170 OF 2014 … Shailesh D. Shah ...Applicant v/s.The Asst.Commissioner of Income-Tax-25(2)...Respondent … Mr.Murlidhar with Mr.A.K.Jasani for the Appellant.Mr.Sureshkumar for the Respondent. ... CORAM : S.C.DHARMADHIKARI & A.A. SAYED, JJ. DATED : 20 DECEMBER 2014 P.C. This Notice of Motion was placed before us earlier and we had extensively heard Mr.Murlidhar, learned Counsel appearing on behalf of the Appellant/Applicant and Mr.Sureshkumar for the Respondent/Revenue. 2.Relying upon the earlier orders, Mr.Murlidhar would submit that all the statements which are made by the Applicant and on oath have now been verified and found to be correct. In these circumstances, he would be entitled to claim interim order in terms of the present Notice of Motion. nma-1163-14.doc 3.Mr.Murlidhar on the earlier occasion had relied upon the proposal tendered before us in writing by the Applicant. The Applicant having filed an application for correction of the mistake in computation, but such application being kept pending, according to Mr.Murlidhar will not mean that this Court cannot consider the prayer for interim relief. 4.We had granted enough opportunities to Mr.Sureshkumar and essentially to clarify to us as to why the Assessing Officer is now ready and willing to correct the computation and what prevented him to undertake this exercise earlier. There appears to be absolutely no justification for such an exercise and belatedly undertaken. Apart therefrom we find that none of the statements and contents in the affidavit filed on behalf of the Applicant and the proposal now tendered have been controverted. 5.In such circumstances, we grant interim relief to the Applicant on the following terms: The Applicant shall pay the sum of Rs.39,51,424/- in the following manner and by installments:the following manner and by installments: (i)Rs.10,00,000/- on or before 31 December 2014. (ii)Rs.10,00,000/- on or before 31 January 2015. (iii)Rs.10,00,000/- on or before 28 February 2015, (iv)and Rs.09,51,424/- on or before 31 March 2015. 3/4 nma-1163-14.doc 6.In the event, these sums are deposited or paid as stated above, there will be an interim order in terms of prayer clause (c) of the Notice of Motion, which shall continue till the hearing and final disposal of the Appeal. 7.In default of the initial payment, benefit of this order will not be available to the Applicant and the Revenue can then recover not only the sum outstanding, but all amounts of interest and penalty thereon as leviable in law, even by coercive means. 8.The above stipulation also applies in the event any default is committed in depositing the further amount or the final amount as well. There will be a restraint against the Applicant and which has been imposed by our order dated 26 November 2014, meaning thereby that till 31 March 2015 he shall not dispose of, alienate, encumber or part with possession in any manner a flat being Flat No.1701, Wasabi Gardan Groove, Bldg. No.5, Chikuwadi, Borivali (West), Mumbai- 400 092. 9.Since the proposal has been given in writing and the Applicant having fully understood the consequences or being made aware of the same, we accept each of the statements in the nma-1163-14.doc proposal as undertakings given to this Court. Therefore, subject to the legal rights of the Applicant, he shall abide by all these statements and contained in paras 1 to 6 of the proposal dated 10 December 2014. This would take care of the apprehension of Mr.Sureshkumar that if and when any interest is leviable and thereafter payable by the Applicant , he would be obliged to pay the same, subject of course to his legal rights. 10.Liberty to apply. (A.A. SAYED, J.) (S.C.DHARMADHIKARI,J.)