ELIZABETH VARGHESE Vs. TAX RECOVERY OFFICER

JUDGEMENT

(1.) THE petitioner is the daughter of one, the late Dr. K. George Thomas. This George Thomas died and at the time of his death he was in arrears to the Income-tax Department which including the interest roughly works out to Rs. 18,24,500. THE Income-tax Department, to realise the said amount, has attached certain immovable properties and by exhibit P-9 notification informed the public that an auction will be conducted in respect of those properties on February 28, 1996. THE petitioner submits that she is the daughter of the said assessee, Dr. K. George Thomas, and a portion of the building belonging to her fattier is constructed on the land purchased by her and it stands in her name. This, according to her, was purchased in 1972, which was earlier taken out on lease by her father from a third party, on which the said superstructure was put up by her father. She submits that if the land is also auctioned along with the building, it will affect her. She submits that the land on which the superstructure has been put up belongs to her. THE price of the land must be paid to her and she seeks a direction to the Department to deposit 20 per cent, of the sale proceeds in a nationalised bank in the name of the Commissioner of Income-tax, Trivandrum. She submits that she will file a claim petition before the first respondent claiming the ownership of the land admeasuring 3.50 cents comprised in Sy. No. 10/15-A/2 of Kottayam Village. If such a petition is filed by the petitioner with the first respondent and if the authorities are satisfied about the ownership of the petitioner in respect of that particular portion of the land, the Executive Engineer (Valuation) will value the said property and the petitioner will be paid that value from out of the fixed deposit made with the nationalised bank as stated above. THE interest accrued on the said value will also be paid to the petitioner, that is the interest paid by the bank on the said amount. If there is any amount left after the payment to the petitioner, the said amount with interest, will be appropriated towards the tax due. If the value fixed is more than 20 per cent. deposited in the nationalised bank, the Department will make good the amount within four weeks from the date of fixation of the value, with interest at 15 per cent. THE 20 per cent, of the sale consideration will be deposited in the State Bank of India, Kottayam Branch, in the name of the Commissioner of Income-tax, Trivandrum, for a period of six months.

(2.) THIS original petition is disposed of with the above directions.