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2018 (12) TMI 1640 - HC - Income TaxReceivables appropriated by the Income Tax Department - Misrepresentation and furnishing incorrect information regard the quantum of receivables before the authorities - Interim direction issued standing - apprehension of the assessee and their group concern is that this amount is sought to be appropriated by the Department even prior to conclusion of the assessment proceedings - HELD THAT:- Observations contained in paragraph 6 of the order in T.S. KUMARASWAMY [2018 (12) TMI 1639 - MADRAS HIGH COURT] are, in fact, the submissions made by the learned counsel and the scope of the directions issued, etc., and the same cannot be construed as an order passed by us. Interim direction issued in this appeal cannot travel beyond the final order passed and the interim order should and shall stand terminated with this judgment, which is the final judgment in this appeal. However, it is well open to the PDIT or any other Authority to proceed in accordance with law. Now, we are concerned with the amount of ₹ 213.30 Crores, which are receivables. In our considered view, this amount cannot be appropriated by the Income Tax Department at this juncture since the assessment proceedings are yet to be over and what are the subject matters of challenge in the writ petitions are the orders of attachment and search. Therefore, the parties should be left to agitate their respective rights and contentions in the pending writ petitions. We are of the firm view that nothing would survive for adjudication in this appeal. However, we are conscious of the fact that interests of the Revenue require to be protected. Writ appeal disposed with directions : i. A sum of ₹ 213.30 Crores (Rupees two hundred and thirteen crores and thirty lakhs only), which is stated to be receivables of the appellant - writ petitioner from the TNCSC and the ICDS shall be kept in an interest bearing account in the Indian Bank, High Court Branch to the credit filed by the appellant and the same shall remain in deposit subject to further orders to be passed by the Writ Court in the said writ petition as well as other connected writ petitions filed by the appellant – writ petitioner. ii. The amount shall be deposited within a period of two weeks from the date of receipt of a copy of this judgment.
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