TaxTMI 
TaxTMI 
2018 (12) TMI 1639
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....ssed pursuant to the order passed by the Division Bench on 02.11.2018 in this appeal. 2.Mr.Sathish Parasaran, learned senior counsel appearing for the petitioners submitted that the application filed by the revenue with the prayer to permit them to revoke the order dated 07.11.2018 which is to be dismissed as not maintainable on the ground that any attempt by the Executive Authority to provide itself a protective cover against challenges or criticism to its action by passing the bug to the judiciary in the official decision should be resisted and avoided. In support of such contention, the learned counsel placed reliance on the decision of the Hon'ble Supreme Court in the case of Priyadarshini Dental College and Hospital vs. Union of....
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....e appellants would submit that there is some illegality in the procedure followed by the authorities while making such search and seizure/attachment and because of the seizure/attachment, the appellant is unable to run the business resulting in stalling of their all business activities and they are not even able to disburse wages to their employees and therefore, it causes much hardship to the appellant. The learned Senior Counsel appearing for the appellant fairly expresses the willingness on the part of the appellant to furnish bank guarantee as an interim measure in the matter. It is further submitted by the learned Senior Counsel that out of the amount the appellant receives from the Civil Supplies Corporation in respect of their busine....
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...., there appears to be two limb to the directions/liberty issued/granted. The first is with regard to the contentions raised by the assessee with regard to the illegality in the matter of search and seizure and consequently with the order of attachment. The assessee accepted the order dated 02.11.2018 and went before the Commissioner who has passed the order dated 07.11.2018. Before the second petitioner, namely, the PDIT (Investigation), the authority has recorded that in the representation of the assessee dated 03.11.2018, certain facts were mentioned and assertions have been made. However, the authority has not dealt with the same on the ground that the matter is sub-judice before this Court. Taking into consideration the submissions made....
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....ows: "3.From the communication received from Integrated Child Development Services and Tamil Nadu Civil Supplies, Chennai it has been ascertained that the amount of receivables is only Rs. 179,75,98,248/-. However, you have reported receivables of Rs. 417.46 Crores. Therefore, you have misrepresented and furnished incorrect information regard the quantum of receivables before the undersigned and hence the said order dated 07.11.2018 requires to be revoked. In these circumstances, you are required to show cause why the Integrated Child Development Services, Chennai & Tamil Nadu Civil Supplies, Chennai and also why action as per the provisions of Income Tax Act, 1961 should not be initiated for furnishing false information. ....
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....orted receivables of Rs. 417.46 Crores. The Department is of the prima facie view that the assessee has misrepresented and furnished incorrect information regard the quantum of receivables before the authorities and hence, the order dated 07.11.2018 requires to be revoked. Therefore, the communication dated 26.11.2018 has been issued which is in the nature of show cause notice. The assessee's case is that the communication sent by the TNCS and ICDS to the authority dated 22.11.2018 has not been reckoned which clearly shows that the receivables are more than Rs. 350 Crores. 10.Thus, considering the factual matrix the matter definitely requires to be re-considered and the assessee should be given an opportunity to place materials. Furt....