TMI Blog2010 (1) TMI 671X X X X Extracts X X X X X X X X Extracts X X X X ..... leged is of Rs. 712.77 crores. In such a situation, the advice to the petitioner not to alienate the property till notice was pending cannot be held to be untenable - The statutory authority may take its decision after considering the view point of the petitioner, in accordance with law, without being influenced by any observation made hereinabove - 9343 of 2009 - - - Dated:- 8-1-2010 - Adarsh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nsion of his disposing of the said properties. In such a situation, the drastic power under Section 28BA of the Act could not be exercised. The circular dated 30-6-2008, Annexure P. 10 issued by the department provides that the power should be exercised only if there is reasonable basis for holding that there will be loss of interest to the revenue. In the present case, there is no apprehension of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ause Notice is without jurisdiction. There is nothing to substantiate that the impugned action was in the interest of revenue. He further submits that the proceedings are result of contempt petition filed by the petitioner and are, thus, mala fide. In the alternative, it was submitted that the direction in the impugned notice advising the petitioner not to sell, transfer, mortgage, lease or otherw ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... alleged is of Rs. 712.77 crores. In such a situation, the advice to the petitioner not to alienate the property till notice was pending cannot be held to be untenable. We are unable to hold that the impugned Show Cause Notice is without jurisdiction. 9. The petition is dismissed. 10. We make it clear that we have not expressed any final view on merits. The statutory authority may take its deci ..... X X X X Extracts X X X X X X X X Extracts X X X X
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