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2014 (10) TMI 704

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..... RDER Rajive Bhalla, J. (Oral) The petitioner prays for issuance of a writ of certiorari, quashing order dated 14.12.1994 (Annexure P-9), passed by the Deputy Commissioner of Income-tax, Range-I, Ludhiana, and a writ of mandamus directing the respondents to waive interest etc. Counsel for the petitioner submits that during a search, on 04.11.1986, at the business premises of M/s Ram Lal Kesar D .....

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..... nder Sections 215/217/138(8) of the Income Tax Act, 1961 as the petitioner had already requested the department to adjust the tax demand of Rs. 7,86,245/- against Rs. 21 lacs seized from M/s Ram Lal Kesar Dass. The petitioner also filed a petition under Rule 40 of the Income Tax Rules, 1962 on 07.09.1989, praying for waiver of interest but no order was passed and Rs. 8,89,089/- was adjusted by the .....

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..... tioner is legal and valid and as advance tax was not paid by the petitioner in accordance with his statutory obligation, the refusal to adjust the advance tax against the amount recovered from the firm and the order levying interest are legal and valid. We have heard counsel for the parties, perused the paper book as well as the impugned order. The Income Tax Department seized Rs. 21 lacs from M/ .....

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