Nath Ornaments v. Director General (Investigation) of Income-tax, Lko. & Others - 2017-LL-0330-96

Citation	2017-LL-0330-96
Appellant Name	Nath Ornaments
Respondent Name	Director General (Investigation) of Income-tax, Lko. & Others
Court	HIGH COURT OF ALLAHABAD AT LUCKNOW
Relevant Act	Income-tax
Date of Order	30/03/2017
Judgment	View Judgment
Keyword Tags	settlement commission • search and seizure • business premises • block assessment
Bot Summary:	Heard Sri J.N.Mathur, learned Senior Advocate assisted by Sri Mudit Agarwal, appearing for petitioner, as well as Sri Alok Mathur and Sri Manish Mishra, learned counsel appearing for respondents. Petitioner has made following prayers: i) Issue a writ, order or direction in the nature of Certiorari quashing the order dated 01.02.2013 passed by the Commissioner of Income Tax-1, Lucknow rejecting the representation of the petitioner for release of the seized goods. Ii) Issue a writ, order or direction in the nature of mandamus declaring the Block Assessment order dated 28.02.2002 contained in annexure no. Iii) Issue a writ, order or direction in the nature of Mandamus directing the respondent authorities to release forthwith the assets worth Rs. 9,63, 681/- seized by the respondent authority in search and seizure operations conducted at the business premises of the petitioner and the amount of Rs.19,80,400/- deposited by the petitioner in compliance of the orders of the Learned Settlement Commission along with the interest thereon. From the record, it is evident that after filing application before Settlement Commission on 22.02.2002 Block Assessment was finalized on 28.02.2002. Petitioner has availed remedy of statutory appeal against said Assessment Order and filed appeal before Commissioner of Income Tax argument raised in the writ petition relying on Section 245(C) of Income Tax Act, 1961 that the proceedings before Settlement Commission has caused abatement of block assessment proceedings before Assessing Authority is misconceived. Since petitioner has already filed appeal against Block 2 Assessment, question of revival of assessment does not arise.

1 Court No. - 3 Case :- MISC. BENCH No. - 8584 of 2013 Petitioner :- M/S Nath Ornaments Lucknow Through Its Partner Respondent :- Director General (Investigation) Of Income Tax Lko.& Others Counsel for Petitioner :- Mudit Agarwal Counsel for Respondent :- D.D. Chopra,Alok Mathur, Manish Mishra Hon'ble Sudhir Agarwal,J. Hon'ble Ravindra Nath Mishra-II,J. 1. Heard Sri J.N.Mathur, learned Senior Advocate assisted by Sri Mudit Agarwal, appearing for petitioner, as well as Sri Alok Mathur and Sri Manish Mishra, learned counsel appearing for respondents. 2. Petitioner has made following prayers: i) Issue writ, order or direction in nature of Certiorari quashing order dated 01.02.2013 passed by Commissioner of Income Tax-1, Lucknow rejecting representation of petitioner for release of seized goods. ii) Issue writ, order or direction in nature of mandamus declaring Block Assessment order dated 28.02.2002 contained in annexure no. 4 as null, void and non-est in view of provisions of Section 245HA(2) of Income Tax Act, 1961. iii) Issue writ, order or direction in nature of Mandamus directing respondent authorities to release forthwith assets worth Rs. 9,63, 681/- seized by respondent authority in search and seizure operations conducted at business premises of petitioner and amount of Rs.19,80,400/- deposited by petitioner in compliance of orders of Learned Settlement Commission along with interest thereon. 3. From record, it is evident that after filing application before Settlement Commission on 22.02.2002 Block Assessment was finalized on 28.02.2002. Petitioner has availed remedy of statutory appeal against said Assessment Order and filed appeal before Commissioner of Income Tax, therefore, argument raised in writ petition relying on Section 245(C) of Income Tax Act, 1961 that proceedings before Settlement Commission has caused abatement of block assessment proceedings before Assessing Authority is misconceived. 4. Since petitioner has already filed appeal against Block 2 Assessment, question of revival of assessment does not arise. 5. Writ petition is dismissed. Interim order, if any, stands vacated. Order Date :- 30.3.2017 Arvind Nath Ornaments v. Director General (Investigation) of Income-tax, Lko. & Other

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