R.m. Borde And T v. Nalawade, Jj.8Th March, 2013

IN THE HIGH COURT AT BOMBAYAPPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 8042 OF 2012INTAX APPEAL NO. 71 OF 2008WITHCIVIL APPLICATION NO. 8043 OF 2012INTAX APPEAL NO. 73 OF 2008WITHCIVIL APPLICATION NO. 8044 OF 2012INTAX APPEAL NO. 72 OF 2008 Sindubai Kashinath Baviskar ....Applicant. VersusThe Assist. Commissioner of Income Tax -1, Jalgaon. ....Respondents. Mr. S.P. Shah, Advocate for applicant. Mr. Alok Sharma, A.S.G. for respondent. CORAM : DATED : R.M. BORDE AND T. V. NALAWADE, JJ.8th March, 2013. ORAL ORDER : 1. The applications are presented in three tax appeals which are pending before this Court, relating to three different assessment years. The Tax Appeal No. 73/2008 relates to assessment year 1991-92, Tax Appeal No. 72/2008 relates to assessment year 1992-93 and Tax Appeal No. 71/2008 relates to assessment year 1993-94. 2.All the appeals are admitted and this Court has granted interim relief vide order passed on 7.10.2010. While granting interim relief, this Court directed the parties to maintain status quo in respect of the subject immovable properties. The respondent authorities, at the same time, are not permitted to put the properties to sale. The interim order is conditional subject to the applicant/appellant depositing an amount of Rs. 1,000,00/- in each of the appeal within three months from the date of the order and further subject to filing an undertaking in the Court within two weeks from the date of order, stating therein that she would not create third party interest in respect of the subject immovable properties. 3.The applicant in order to overcome the financial difficulties proposes to sale the properties. The applicant/ appellant has expressed her willingness to deposit the entire amount computed by respondent department towards her tax liability along with interest up to 31st March 2013 with the respondent No. 1 subject to final adjudication of the appeals. 4.The proposal put forth by the applicant is quite reasonable and subject to depositing of amount, the applicant can be relieved of her undertaking furnished to this Court. The applicant undertakes to deposit the sum of Rs. 33,42,223/- (Rupees thirty three lakhs forty two thousand two hundred twenty three) towards her tax liability computed by the respondent department together with interest up to 31st March 2013 with respondent No. 1 within a period of two weeks from today. The respondents do not have serious objection for granting relief, subject to condition of deposit of amount towards tax liability together with interest. 5.On making deposit of the amount of Rs. 33,44,223/- with respondent No. 1, the applicant/appellant shall have liberty to alienate the properties. The deposit of amount by the applicant/appellant with the respondent N. 1 shall be subject to final adjudication of the pending appeals. It is needless to mention that the applicant/appellant shall be entitled to prosecute the appeal further. 6.In view of above noted directions, all the three Civil Applications stand disposed of. ssc/ [ T. V. NALAWADE ]Judge [ R.M. BORDE ]Judge