1981 (9) TMI 8

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....eized goods. In view of, the facts of these two writ petitions, as contemplated by the second proviso I to r. 2(1) of Chap. 12 of the Rules of the court, we, propose to decide the petition at this very stage on merits. The petitioners in the two petitions are Ram Narain and Badri Prasad respectively. Both of them were partners of a registered firm, M/s. Ram Charan Lal. Ram Narain, Etawah. In April, 1969 , as a result of the raid, and seizure made by the authorities of the Central Excise Dept., 79 basis of silver ornaments, 8 boxes of gold ornaments and some primary gold were seized. An order under s. 132(5) of the I.T. Act, 1961, was made and thereafter the cases of the partnership firm and the concerned persons were transferred from ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ll pay a further amount when more seized articles will be, released. In this manner the assessee, will arrange to pay in full the tax in the coarse of two years from the date of the final assessment. It was stated that the Chairman was particular., that the taxes should be paid regularly as per the settlement. The books of account would be returned, as soon as the returns were filed and the assessments were completed. Lastly, as for prosecution, it was stated that since the returns would be filed on the basis of the settlement, there was no question of any prosecution. This settlement was communicated by the CBDT to the Commissioner of Income-tax, Kanpur, by a letter dated 20th September, 1972. In pursuance of the settlement the two peti....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... petitioners had their remedy to challenge the assessments by way of appeals but they did not do so and now after lapse of such a considerable time they cannot be permitted to challenge those orders. The same is the position with regard to the various penalty orders. They cannot also claim refund of the amounts which they have paid hitherto in pursuance of these orders nor can they deny their liability to pay the balance amount. The controversy is that the petitioners want the release of some more boxes before making any further payment towards the balance amount and in this behalf we find that they have got a proper grievance. Annexure 2 to the writ petition is a copy of a letter from the Commissioner of Income-tax, Jaipur House, Agra, to ....