ARURI AGARWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Mr. Mittal, learned senior counsel appearing for the petitioners submitted that on assessment, the Income Tax Department has raised a demand of Rs. 2.70 crores against the petitioners on account of tax and penalty against which, appeals were filed far back as on 01/02/2010. In those appeals, stay petitions were also filed but due to no availability of Appellate Authority, the appeals/ interim petitions could not be disposed of as yet. He further submitted that an order of attachment was passed on 11/03/2011. However, it was withdrawn on 29/03/2011. Thereafter, when the new Officer joined, he passed a fresh order of attachment on 14/03/2011 and has issued notices to the concerned banks. He lastly, submitted that out of the said demand a sum of about Rs. 1.65 crores has already been paid.

(2.) Mr. Deepak Roshan, learned counsel appearing for the respondents Income Tax, submitted that this case can be disposed of in terms of the order 27/11/2011, passed in W.P. (T) No. 5897/2011 with a direction to withdraw the order of attachment on furnishing bank guarantee and personal guarantee for the balance amount.

(3.) When we asked Mr. Roshan regarding nonfunctioning of the Appellate Authority, he submitted that the matter is in process, but he cannot say as to by what time the Appellate Authority will become functional.