IN HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 22521 of 2016 Decided on : 11.07.2017 M/s Inder International . . . Petitioner Versus Deputy Director, Income Tax (Inv.)-2, Ludhiana and others . . . Respondents CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTAL HON'BLE MR. JUSTICE AMIT RAWAL PRESENT: Mr. Saurabh Kapoor, Advocate for petitioner. Mr. Rajesh Sethi, Sr. Standing Counsel with Mr. Arun Biriwal, Advocate, Mr. Tshar Gera, Advocate & Ms. Varinder Kaur Warraich, Advocate for respondents. Mr. Satish Aggarwala, Advocate for DRI. AJAY KUMAR MITTAL, J. (Oral) petitioner has approached this Court under Articles 226/227 of Constitution of India, seeking writ in nature of Certiorari, for quashing of letter dated 14th September, 2016 (Annexure P-16), issued by DRI. further prayer for direction to respondents to release cash lying in their custody has also been made. 2. In view of orders dated 23.05.2017, passed by this Court in CM No. 6516 of 2017, whereby, assessing officer was to complete assessment proceedings by 30.06.2017, it is considered that it would not be essential to delve into detail factual matrix involved herein. It may be suffice to notice that amount in dispute i.e. ` 63.30 lacs, which was ceased by DRI was requisitioned under Section 132A of Income Tax Act, 1961 (in short 'the Act') and was remitted to Income Tax Department. 1 of 2 ::: Downloaded on - 18-08-2017 10:33:33 ::: CWP No. 22521 of 2016 -2- petitioner has claimed refund of same in present petition. 3. As noticed earlier, on 23.05.2017, this Court in CM No. 6516- CWP of 2017, had directed Income Tax Department to finalise assessment proceedings on or before 30.06.2017. Now, it has been brought to our notice that Assessment Order has since been passed and on that basis, petitioner is entitled for certain refund, as liability assessed in assessment proceedings is less than amount, which was requisitioned by Income Tax Department under Section 132A of Act. 4. Learned counsel for respondents submitted that excess amount i.e. beyond liability created by assessment order shall be cleared within period of 21 days from date of receipt of certified copy of this order, in accordance with provisions of Act. However, learned counsel for petitioner prayed for liberty to challenge assessment order by filing appeal before appellate authority, in accordance with law. 5. writ petition is disposed of by directing respondents to release excess amount beyond liability created by assessment order, in accordance with law. It shall, however, be open to petitioner to challenge assessment order, wherein, it can raise all pleas available to it or involved in present writ petition before appellate authority, in accordance with provisions of Act. (AJAY KUMAR MITTAL) JUDGE (AMIT RAWAL) July 11, 2017 JUDGE J.Ram Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No 2 of 2 ::: Downloaded on - 18-08-2017 10:33:34 ::: Inder International v. Deputy Director, Income-tax (Inv.)-2, Ludhiana and other