Wp/44/2006 Of Heh The Nizams Jewllery Trust v. The Asst.commissioner Of Income Tax

THE HON’BLE SRI JUSTICE BILAL NAZKIANDTHE HON’BLE SRI JUSTICE S.ANANDA REDDY WRIT PETITION Nos. 9103 of 2005 and 44 of 2006 Date: 11-08-2006. Between : Nizam Family Welfare Association, rep. by its PresidentMr.Najaf Ali Khan & another. …..Petitioners And The Chief Commissioner of Income Tax, Andhra Pradesh& others. …..Respondents. THE HON’BLE SRI JUSTICE BILAL NAZKIAND THE HON’BLE SRI JUSTICE S.ANANDA REDDY WRIT PETITION Nos. 9103 of 2005 and 44 of 2006 COMMON ORDER:(Per Hon’ble Sri Justice Bilal Nazki) Heard learned counsel for the parties. The main controversy in these petitions is withregard to lifting a lien over certain amounts. During thecourse of hearing, many counter affidavits and affidavitswere filed and ultimately an affidavit was filed on23.06.2006 by the respondents, contending that thepetitioners were entitled to a refund of rupees sixty sixlakhs and odd. Rest of the amounts are liable to beadjusted. Today, we are informed by the learned seniorcounsel appearing for the Department that notices havebeen issued with regard to the adjustment and some ofthe assessees have filed their replies to the notices. Some notices of deposit of amounts to the Trust have alsobeen issued. Since the notices have been issued for adjustmentof the amounts, it would not be proper for this Court, at thisstage, to decide the issues raised in these petitions. Therefore, we are disposing of these petitions with adirection to respondents to dispose of the matters withinsix weeks, where the replies have been received, and innotices in which the replies are not received so far, theymay be disposed of within four weeks of the receipt ofreplies. If replies have not been filed by any of the parties to the noticesissued by the Department, they may do so within twoweeks from today. While disposing of these petitions, weare making it clear that we have not gone into the merits ofthe contentions of the parties and if the petitioners feelaggrieved of the orders being passed in pursuance of thenotices issued, they shall be at liberty to take remediesavailable to them in law. No further time shall be grantedto the Department to decide the matters. ________________ (BILAL NAZKI, J) 11[th] August 2006 N.B :- _____________________ (S.ANANDA REDDY, J) Furnish copy in two days. (B/o) ajr