1998 (11) TMI 15 - HC - Income Tax

Summary

Issues:
1. Recovery of tax arrears by Assessing Officer without authority of law and contrary to Settlement Commission's order.
2. Retention and encashment of fixed deposit receipts seized during search.
3. Compliance with Settlement Commission's order regarding payment of tax and interest.
4. Legality of recovery actions taken by Assessing Officer.

Analysis:
1. The petitioner complained that the Assessing Officer effected recovery of tax arrears without authority of law and against the terms of the Settlement Commission's order. The fixed deposit receipts seized were encashed for tax adjustment. The petitioner argued that the retention of documents was illegal under section 132(8) of the Income-tax Act, 1961.

2. The Settlement Commission's order specified the interest to be charged for different assessment years and directed the petitioner to make payments towards tax and interest. The petitioner failed to pay the required amount by the specified deadline, resulting in the Assessing Officer initiating recovery proceedings under section 226(3) of the Act.

3. Counsel for the petitioner contended that the encashment of fixed deposit receipts and recovery from third parties holding money for the petitioner were illegal. However, the court found that the retention of documents was lawful and did not absolve the petitioner from the obligation to pay the amounts directed by the Settlement Commission. The recovery actions taken by the Assessing Officer were deemed valid due to the petitioner's default in payment.

4. The court held that the petitioner's argument that payment obligation was contingent upon the return of documents was unfounded. The retention of documents was found to be in accordance with the law, and the petitioner's failure to make payments as directed by the Settlement Commission justified the recovery actions taken by the Assessing Officer. Consequently, the court dismissed the writ petitions and all connected miscellaneous petitions.