2025 (5) TMI 1503 - SCH - Income Tax

Deposit of income tax dues - seeking release of the lands to the respective appellants - respondent(s)/Department itself purchased the land through an auction process and there are no third party rights created insofar as the lands in these cases are concerned - HELD THAT - Taking note of this significant fact we find that the interest of justice would be met in these cases if a direction is issued to the Registry of this Court to release the amount deposited by the appellant(s) herein along with accrued interest if any to the respondent(s)/Department forthwith. Since the Department itself is stated to have purchased the land we direct the respondent(s)/Department to release the said land on receipt of the amount deposited by the appellant(s) herein before this Court from the Registry of this Court. The entire exercise shall be carried out within a period of four weeks from today.

Summary

Supreme Court Order Summary:The appellants deposited the full income tax dues with interest in three Civil Appeals (Nos. 4195-4197 of 2011), totaling Rs. 95,03,859/-. They sought setting aside the impugned orders and release of lands in their favor.The respondents contended that substantial questions of law remain and requested the Court to hear these issues rather than accept the deposit as dispositive.Notably, the Department/respondents themselves acquired the lands via auction, with no third-party rights involved.The Court, emphasizing the interest of justice, directed the Registry to release the deposited amounts plus accrued interest to the respondents forthwith. Upon receipt, the Department must release the lands to the appellants within four weeks.The Civil Appeals are disposed of on these terms, while "substantial question of law, if any, is left open." Pending applications are disposed of.