Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2014 (5) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2014 (5) TMI 591 - GUJARAT HIGH COURTAttachment of property – claim for interest and payment for damages for loss of business and reputation of the petitioner due to illegal attachment under section 226(3) and subsequently under section 281B of the Income Tax Act, 1961 – Held that:- The question of mala fide and the allegations of exercise of power irregularly or for ulterior motives, cannot be judged in the writ petition being highly disputed questions of fact. In order to grant prayers made by the assessee for awarding interest or cost, number of disputed questions of fact shall have to be gone into – assessee’s averments and allegations are very serious levelling allegations of personal mala fide – revenue contended that Shri Krishna Somani agreed to offer the amount lying in the bank account though in the name of the company for the recovery of tax due from him in his personal capacity in order to avoid unpleasant consequences arising out of coercive tax recovery – it is left open to the assessee to avail the remedy as may be available – Decided against the assessee.
|