9911796707
TMI Blog2017 (3) TMI 1878X X X X Extracts X X X X X X X X Extracts X X X X ..... 2. Heard the learned counsel for the petitioner and learned standing counsel appearing for the respondent. By consent of the learned counsel for the parties, the main writ petition itself is taken up for final disposal at the admission stage itself. 3. The short facts that arise for consideration in this writ petition, are as follows:- The petitioner is a house wife, aged about 70 years. Her husband namely R. Swaminathan, owned a non residential house, which was alloted to him by the Tamil Nadu Housing Board under lease cum sale agreement. He executed Settlement Deed dated 07.02.2012, registered as a Document No.400/2012, settling 1/6th share in the said property in favour of the petitioner and 1/3 share each on t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... section 54 and 54EC, computed the Income taxable under capital gain at Rs. 2,18,39,865/- and paid the tax of Rs. 43,67,973/-. 5. Since the amounts in the capital gain scheme were not utilized, the petitioner wanted to close the accounts and withdraw the funds for the purpose of investment in a new house, for which, the petitioner has to get "No Objection Certificate" from the respondent. Accordingly, she filed an application seeking for issuance of "No Objection Certificate". The respondent, through the impugned communication, dated 19.12.2016 refused to issue "No Objection Certificate" unless, the capital gain tax is paid by the petitioner. 6. The learned counsel appearing for the petitioner submitted that there is no q ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7562 13,03,250/- 8. The learned counsel for the respondent submitted that in the very impugned order itself, it is made clear that the "No Objection Certificate" will be issued only on payment of capital gain tax by the petitioner and the petitioner can very well approach the respondent and raise her objections / representations for re-considering the issue. 9. Heard both sides. 10. The petitioner is aggrieved by the order of the respondent in refusing to give "No Objection Certificate" enabling her to withdraw the amount made by way of fixed deposit under the capital gain account. Admittedly, there are eight accounts with the maturity value as tabulated above. 11. It is also not in dispute that the tax liability under dispute ..... X X X X Extracts X X X X X X X X Extracts X X X X
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