Wp/25031/2023 Of M/S. Saravana Selvarathnam Retail Private Limited v. Principal Commissioner Of Income Tax

W.P.Nos.25031, 25035, 25038 and 25042 of 2023andW.M.P.Nos.24458, 24466, 24462 and 24470 of 2023 KRISHNAN RAMASAMY, J. These matters have been listed under the caption 'for clarification', at the instance of the learned counsel for the petitioner. 2.Learned counsel for the petitioner seeks clarification with regard to the operative portion of the order dated 28.11.2023 passed in the above Writ Petitions. The learned counsel submitted that this Court vide order dated 28.11.2023 has directed the petitioners to file modification application within a period of one week from the date of receipt of a copy of that order, to modify the order of provisional attachment issued by the respondent dated 16.08.2023. 2.1 The learned counsel for the petitioner contended that this Court has only directed the concerned respondent to consider the application for modification and thereafter, pass orders, lifting the provisional attachment orders dated 16.08.2023, owing to which, the petitioner would be getting the working capital facilities from the banks. However, there is no specific time 1/4 limit prescribed for the respondent to consider the petitioner's application with regard to the release of properties that were mortgaged and therefore, unless and otherwise, the modification application which would be filed by the petitioner is directed to be disposed of within a specified time as stipulated by this Court, the petitioner would not be able to relish the benefits of the order passed by this Court dated 28.11.2023 and the respondent-Income Tax Department would take advantage of the same and would keep the applications pending. 2.2Therefore, the learned counsel appearing for the petitioner prays this Court to fix a time limit for the respondent to dispose of such modification applications expeditiously, preferably, within two week from the date of filing of such modification applications by the petitioner. 3.In view of the above, this Court is inclined to modify clause ii) of Para No.14 of the order dated 28.11.2023 passed in the above Writ Petitions in the following manner:- 2/4 ii) As and when such modification applications are filed by the petitioner, the concerned respondent is directed to consider the modification applications and directed to pass orders to the extent of lifting the provisional attachment orders dated 16.08.2023 within a period of two (2) weeks, so as to enable the petitioners to avail the working capital facilities as per the business plan/plan of action, etc., submitted to the banks or to the extent of additional working capital facilities, as sanctioned by the Banks to the petitioners. 4. Registry is directed to substitute clause ii) of Para No.14 alone and other clauses, viz., i) and iii) shall remain unaltered and issue fresh order copy after carrying out such correction. 11.12.2023 veda Upload order copy on 14.12.2023. 3/4 4/4 https://www.mhc.tn.gov.in/judis KRISHNAN RAMASAMY, J. veda W.P.Nos.25031, 25035, 25038 and 25042 of 2023 11.12.2023