TaxTMI 
TaxTMI 
2011 (2) TMI 1205
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....ax for the assessment years 1992-93 to 1995-96. Sri Aseem Chandra, learned counsel for the petitioner, submits that the petitioner was an IAS officer who has regularly filed her income-tax return. It is submitted that by the impugned notices (Annexures 50 to 53), the income tax authorities have wrongly observed that the will executed by the father of the petitioner pertaining to the property at Ghaziabad is forged one. He further submits that the Civil Court has accepted the will as genuine in a civil suit, where Union of India was a party. He also submits that at the time of assessment of wealth tax in respect of the house built on the same plot, the will in question was accepted as genuine one. It is also submitted that the will w....
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....acquired in the name of petitioner's father and the same was passed on automatically to the petitioner on succession as neither any brother or sister of petitioner are enjoying the benefit from the said property nor the property has been devolved on them as per the facts stated by the assessee. From the fact, no other lineal descendant except the petitioner are having any right in the property shows that such property was acquired by the petitioner out of her unexplained source of income in the Benaami name of her Late father and the attempt was made to retain the legal ownership over the properties through a forged will. Learned counsel further submits that during the assessment year 1996-97, the income from the property in questio....
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....Tandon and others, (2010) 8 SCC 110 where it was observed- "Unfortunately, the High Court overlooked the settled law that the High Court will ordinarily not entertain a petition under Article 226 of the Constitution if an effective remedy is available to the aggrieved person and this rule applies with greater rigour in matters involving recovery of taxes, cess, fees, other types of public money and the dues of banks and other financial institutions. In our view, while dealing with the petitions involving challenge to the action taken for recovery of the public dues, etc. the High Court must keep in mind that the legislation enacted by Parliament and State Legislatures for recovery of such dues are a code unto themselves inasmuch as ....