9911796707
TMI Blog2013 (2) TMI 240X X X X Extracts X X X X X X X X Extracts X X X X ..... olics, and in consonant with Catholic principles for all persons irrespective of race, community, caste, religion, language or social status; and in furtherance of the above objects. (a) To take over, conduct, develop, improve equip, administer and carry on such of the religious educational, medical and charitable institutions, works and activities at present conducted and carried on in India, by the Congregation of the Franciscan Hospitaller Sisters of the Immaculate Conception, a Religious Congregation of Roman Catholic Nuns (hereinafter referred to as the said Congregation) with or without all or any of the property rights, assets and liabilities belonging or attaching thereto, as the Governing Body of the Society may deem fit." (Emphasis supplied) In the objects clause as amended a reference is incorporated to the rendering of services primarily for Catholics and in consonance with Catholic principles. 2. Admittedly the registration under section 12A of the Act was not withdrawn from 1986 till 2008 and a certificate under section 80G of the Act was granted from time to time. Between 1975 and 2010, the Petitioner was also allowed an exemption under Section 11 of the Act incl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nager was informed that he must not contact the assessee till the payment is made to the Income Tax Department. A copy of this notice was served on the Petitioner on 17 January 2013 and according to the submission before the Court of learned senior counsel, was posted on 16 January 2013. On 11 January 2013, another notice was issued to the Branch Manager of Bank of India, calling upon him, under Section 226(3) of the Act to pay over all amounts held by the bank in the savings bank accounts of the Petitioner as well as amounts due under fixed deposit receipts. The bank manager was once again informed that he shall not contact the assessee till the payment is made. In the petition, a statement has been set out of the term deposits and the savings bank account from which monies were withdrawn by the Revenue in the total sum of Rs.4.76 crores in pursuance of the notices under Section 226(3) dated 10 and 11 January 2013. The second notice was also received by the Petitioner on 17 January 2013 after the monies were withdrawn. 7. The submission which has been urged on behalf of the Petitioner is that the entire action is high handed and contrary to law having regard to the fact that: ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... peals. There is a request of the Petitioner for keeping the demands in abeyance. In this background, it is necessary for the Court to consider as to whether the recourse which was taken to the provisions of Section 226(3) was in accordance with the stipulations and safeguards provided therein. Under clause (i) of Section 226(3), the assessing officer is empowered by a notice in writing to require any person from whom money is due or may become due to the assessee, or to any person who holds or may subsequently hold money for or on account of the assessee to pay to the assessing officer either forthwith upon the money becoming due or being held or at or within the time specified in the notice so much of the money as is sufficient to pay the amount due by the assessee in respect of the arrears. Clause (iii) of Section 226(3) requires a copy of the notice to be forwarded to the assessee at his last address known to the assessing officer and in the case of a joint account to all the joint holders at their last addresses known to the assessing officer. The contention of the assessee before the Court is that the amounts which were invested in Fixed Deposit Receipts had not become due for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ely no apprehension that the assessee in the present case was likely to spirit out the monies which were invested in Fixed Deposit Receipts. The assessee is an age old trust which carries on welfare activities. 12. In this view of the matter, we are of the view that the assessee would be entitled to the grant of equitable relief in the exercise of the jurisdiction under Article 226 of the Constitution. In pursuance of the notice under Section 226(3), an amount of Rs.4.76 crores has been withdrawn. Considering the interests of the Revenue, we are of the view that it would not be appropriate to direct that the entire amount should be restored in the bank account of the assessee. The learned counsel for the Petitioner submitted that on a conservative estimate, an amount of Rs.63.00 lakhs is required to run all the institutions and just to meet the day to day expenses every month. Having regard to this position, we are of the view that it would be appropriate for the Court to ensure that sufficient funds are restored to the bank account of the Petitioner with a view to allow it to carry on its activities for a period of 45 days within which recourse can be taken to the pending stay a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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