K T KUNJUMON Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THE writ petition in W. P. No. 1425 of 1999 is filed against the order passed by the Commissioner of Income-tax, Central-1, Chennai 34, dated November 18, 1998, and the prayer in the writ petition is to quash the said order and to direct the Commissioner of Income-tax to redeposit a sum of Rs. 24,25,810 in the P. D. Account of the respondent to the credit of the petitioner for the assessment year 1994-95.

(2.) THE writ petition in W. P. No. 1424 of 1999 is filed against the order of the Commissioner of Income-tax, Central-1, Chennai 54, dated January 12, 1999 in C. No. Act No. 0022/KVSS/C.1, and the prayer in the writ petition is to quash the said order and to direct the Commissioner of Income-tax to admit and accept the declaration filed by the petitioner under the Kar Vivad Samadhan Scheme, 1998.

(3.) AFTER the said letter issued by the Assistant Commissioner of Income-tax, Central Circle I (5), Chennai, the petitioner preferred an application before the Commissioner of Income-tax Central-I, Chennai, stating that there are arrears of tax for the assessment years 1993-94 and 1994-95 and the petitioner intends to avail of the Kar Vivad Samadhan Scheme, 1998, pending disposal of the appeal for the assessment year 1994-95. The petitioner, in the said application also stated that he has already requested that the cash seized and the amount appropriated from various banks to the tune of Rs. 60 lakhs may be appropriated towards ad hoc payment of tax liability that may arise out of the proceedings under Section 132 of the Act. The petitioner has also requested the Commissioner to issue suitable directions to give credit to the tax paid by him for the block assessment and the same should be treated as tax paid for the block assessment only and not for any other tax arrears. That petition was rejected and that is the subject-matter of the writ petition W. P. No. 1425 of 1999.