TMI Blog1992 (1) TMI 31X X X X Extracts X X X X X X X X Extracts X X X X ..... as-28, for a sum of Rs. 14 lakhs and filed an application under section 230A of the Income-tax Act requesting them to grant a certificate for the purpose of the income-tax. On an earlier occasion, the petitioner, has come up to this court in Writ Petition No. 2895 of 1989. After taking of notice by Mr. C. K. Rajan, learned counsel for the Income-tax Department, and by consent of both parties, S. Ramalingam J., by order dated March 22, 1989, in the aforesaid writ petition, has granted a week's time to pay a sum of Rs. 5,00,000 (rupees five lakhs) and further ordered that the balance should be paid within period of two months from the said date of order and that if there is any default in observing any of the conditions, the Revenue is entitl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l. When the said property is brought to sale and proclamation is issued under rules 38 and 32(2) of the Second Schedule to the Income-tax Act, 1961, and the date of auction is fixed on January 20, 1992, the petitioner is before me with the aforesaid prayer. In the affidavit, the petitioner alleges that there are discrepancies with regard to the calculation of arrears. It is pointed out in the affidavit that the value of the property is fixed at Rs. 16 lakhs on August 31, 1987, and that the property is worth more than Rs. 40 lakhs according to the present market value. In the affidavit, an undertaking has also been given by the petitioner that he will not sell the property till the writ petition is disposed of. Notice of motion has been ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der sections 220 and 199 of the Income-tax Act is waived, the petitioner would not have any remedy at all. I have considered the arguments of Mr. P. P. S. Janarthana Raja, learned counsel for the petitioner, and of Mr. N. V. Balasubramaniam, junior standing counsel for the Income-tax Department. I have also perused the statement of accounts produced by learned counsel for the respondents-Department with regard to the arrears due by the petitioner to the Department. Having given due consideration to the arguments of learned counsel on both sides and on a perusal of the affidavit and the relevant materials available, I am not able to agree with the argument of learned counsel for the petitioner that a certificate under section 230A of the I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... titioner. So I am fully satisfied that this court should not interfere with the proceedings at this stage. Learned counsel for the petitioner made a suggestion before this court that the property can be mortgaged and the mortgagee can be asked to pay the amount directly to the respondents Department and that will satisfy the Department in so far as the tax arrears of the petitioner is concerned. The petitioner has come up before this court in W. P. No. 2895 of 1989 and has got an order dated March 22, 1989, passed by S. Ramalingam J., with certain conditions. As stated in the earlier portion of this order, the petitioner has not complied with the said conditions and when the Revenue seeks to recover the arrears, the petitioner, in my view, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tioner, a via media can be struck at this point of time, i.e., by asking the petitioner to approach the Commissioner with a concrete proposal of mortgage and a person who is prepared to pay the entire amount of tax arrears to the Department. If it is done, I think the respondents-Department can 'consider the question of granting a certificate under section 230A of the Income-tax Act. As such, though I am not inclined to set aside the proclamation made in this case, to give some time to the petitioner, I direct the third respondent herein to consider the proposal of the petitioner, if the petitioner approaches the Commissioner of Income-tax, the third respondent herein, with the proposal for mortgaging the property, provided the petitioner s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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