TMI Blog2022 (1) TMI 610X X X X Extracts X X X X X X X X Extracts X X X X ..... ER (PER : HONOURABLE MS. JUSTICE SONIA GOKANI) 1. Petitioner challenges the order dated 28.10.2021 passed by the respondent rejecting the request of issuance of no objection certificate to the petitioner, who has already paid the advance tax to the tune of Rs. 1.25 crores, which is more than the amount of Capital Gain tax that may be required to pay. 2. The petitioner, being one fourth owner ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be pleased to: (a) quash and set aside the impugned order at Annexure-'A' to this Petition and direct the Respondent to issue 'No Objection Certificate' to the petitioner; (b) pending the admission, hearing and final disposal of this petition, to stay implementation and operation of the order at Annexure-'A' to this petition and stay recovery of tax for A.Y.2018-19 and further be pleased to di ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioner is no longer going to claim the benefit under the provisions of Capital Gain Scheme Accounts. He has relied on the decision of the Karnataka High Court rendered in the case of Padma Swaminathan vs. Income Tax Officer, Non-Corporate Ward-15(4), Chennai, [2017] 88 taxmann.com 596(Madras). 5. Notice for final disposal returnable on 30.11.2021. 6. Over and above the regular mode, direct ..... X X X X Extracts X X X X X X X X Extracts X X X X
|