Sunil Kumar Singh v. Union Of India, Through Principal Secretary Finance / State Of Rajasthan, Through Additional Chief Secretary
[Citation -2020-LL-0703-7]
| Citation | 2020-LL-0703-7 |
|---|---|
| Appellant Name | Sunil Kumar Singh |
| Respondent Name | Union Of India, Through Principal Secretary Finance / State Of Rajasthan, Through Additional Chief Secretary |
| Court | HIGH COURT OF RAJASTHAN |
| Relevant Act | Income-tax |
| Date of Order | 03/07/2020 |
| Judgment | View Judgment |
| Keyword Tags | interest on interest • sale consideration • limitation period • capital gain tax • public interest |
| Bot Summary: | This writ application in the form of a Public Interest Litigation has been filed by the petitioner, who is a Member from legal profession seeking a direction to the authorities to amend the guidelines issued for deferment of loan installments and make specific provisions that the financial institutions will not charge interest on interest during the Pandemic. He further sought direction to carry out amendment in Section 54 of the Income Tax CW-6056/2020 Act. Mr. R.D. Rastogi, learned Additional Solicitor General on behalf of Union of India submits that some directions have been issued in the writ application pending before the Hon ble Apex Court and Union of India has taken its stand before the Hon ble Supreme Court. He further contends that this writ application is in the nature of public interest litigation and also involves a matter of policy, which is beyond the scope of jurisdiction of this Court. On perusing the grounds taken in the writ application, we find that although it is asserted that the persons who have sold their houses two years back had to invest the sale consideration thereof, which was to be utilised by them by 30 th June, failing which, they would be required to pay Capital Gain Tax thereon but this ground does not arise for consideration since the details of the persons have not been brought to our notice. Further, this is a matter of policy which is under consideration by the Union of India and also under live consideration of the Apex Court. Accordingly, the writ application is dismissed with a liberty to the petitioner to seek appropriate remedy in the interest of individuals who may be affected. |