AI Structured Summary
Not yet generated for this judgment
Judgment
S.No.,Accounts No.,Maturity value (Rs.)
1,21000310017661,"16,99,007/-
2,21000310017654,"10,70,744/-
3,21000310017579,"17,36,222/-
4,21000310017586,"17,25,366/-
5,21000310017609,"17,25,813/-
6,21000310018033,"2,06,57,457/-
7,21000310017708,"16,31,190/-
8,21000310017562,"13,03,250/-
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.",,
It is also not in dispute that the tax liability under dispute would cover the total amount in deposit, in respect of three account numbers in serial",,
Nos. 3, 4 and 7 of the above referred accounts. Considering the fact that the petitioner has come forward with a request only in respect of other",,
five accounts and willing to go before the respondent for considering the matter afresh in respect of those three accounts, I am of the view that the",,
interest of the Revenue will not be prejudiced in any manner, if the respondent is directed to issue ""No Objection Certificate"" in respect of",,
remaining five accounts namely under Account Nos. 21000310017661, 21000310017654, 21000310017609, 21000310018033 and",,
21000310017562, since the petitioner is protecting the interest of the Revenue by not getting the ""No Objection Certificate"", for the present, in",,
respect of the other three Accounts Nos. 21000310017579, 21000310017586 and 21000310017708 are concerned pending a decision to be",,
made afresh by the respondent, after hearing the petitioner.",,
Accordingly, this writ petition is allowed in part as follows:",,
(i) The respondent shall consider the request of the petitioner for issuing ""No Objection Certificate"" in respect of Account",,
Nos.21000310017661, 21000310017654, 21000310017609, 21000310018033 and 21000310017562, and issue ""No Objection",,
Certificate"" in respect of those accounts to the petitioner within a period of two weeks from the date of receipt of a copy of this",,
order.,,
(ii) The petitioner shall appear before the respondent within a period of two weeks from the date of receipt of a copy of this order,,
and give her objections against the demand and raise all the contentions for issuing the ""No Objection Certificate"" in respect of other",,
Accounts i.e. 21000310017579, 21000310017586 and 21000310017708.",,
(iii) On receipt of such representation/objections, the respondent shall hear the petitioner in person and pass fresh order on merits and",,
in accordance with law, in respect of those three accounts within a period of four weeks thereafter. No costs. Consequently,",,
connected miscellaneous petition is closed.,,