Through Mr. Ashwin Vaish & Mr. Sanjeev v. SECY MINISTRY OF FINANCE & Anr.

This order dated 17th March, 2011 was made subject matter of challenge in appeal CEAC No. 1412011, which was dismissed as withdrawn on the statement made by the counsel for the appellant that he would approach the tribunal along with copy of the income tax returns to support the plea that the appellant was in fact suffering from financial crunch. In the order dated 3'd June, 2011, it is recorded that no such document was produced by the appellant before the tribunal when order dated 17th March,2011 was passed. The Court while disposing of the appeal had also made it clear that it had not made any observation on the merits of the plea raised by the appellant and it was open to the tribunal to consider the plea in accordance with law.

Order dated 17th March.2011 is a detailed order and has referred to the statement made by the seller on the question of under invoicing and has dlso referred to the allegations against the appellant that he was instrumental in forming three firms, namely, M/s Sundram Overseas, M/s India lmpex and M/s Ess (9 Kay lmpex and the concerned proprietors were mere name lenders.

As per the assessment order, a demand of Rs.1,20,83,2291- has been raised on the ground of under valuation and an equal amount towards penalty has been imposed on the appellant.

We have also examined the reasons given by the tribunal in the order dated 27th September, 2011 and the earlier order dated 17th March,2011 but do not think any substantial question of law arises for consideration. lt may be noted that the appellant had merely filed copy of the opening page of the income tax return/acknowledgement without any documents, i.e., balance sheet, profit and loss accounts, etc. to show the assets available with the appellant. The tribunal has noted that the turnover of the appellant in the assessment year 2009-10 was Rs.29,00,000/-. \

At this stage, learned counsel for the appellant submits that time for payment may be extended or installments may be fixed for payment of Rs.50,00,000/-. We accept the prayer and grant permission to the appellant to pay the aforesaid amount in four monthly installments of Rs.12,50,000/- each. The first installment will be paid on or before 30th November, 2011 and A l) the last installment before 1't March ,2012. The appeal is accordingly disposed of. No costs. /(- -./l c- I - (', SANJIV KHANNA. J. f.hf,*, " R.V. EASWAR, J. NOVEMBER 08, 2011 vKR ./ Gm,,ry )+77 9J r r ( O" q'@; .- t,, u* {'a'fii .\U, W.\nln) ( fx ltt'ttla't+) \ \. $-15 " + IN THE HIGH COURT OF DELHI AT NEW DELHI cusAA 47t2011 S GURBINDER PAL StNcH ..... Appeilant Through Mr. Ashwin Vaish, Mr. Sanjeev Manchanda and Mr. Vinod Kumar, Advs. VCTSUS sEcY MlNlsrRY oF FINANCE & ANR ..... Respondents Through Mr. Himanshu Bajaj, CGSC for R-1 CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE R.V.EASWAR ORDER 22.12.2011 CM No.23378/2011 It is submitted by the applicant/appellant that first installment of Rs.12,50,000/- was paid on or before 30th November, 2011and it is prayed that the time for payment of the balance installments may be extended. lt is stated that the second installment of Rs.12,50,000/- will be paid on or before 30th January,2012 and the next two installments of Rs.12,s0,0001- each will be paid on or before 30th March,2012 and 30th May, 2012. we accept the said prayer and extend the time. Application is disposed of. ' lt is made clear that no application for further extension of time will be entertained. /(- |L- LI c-. SANJIV KHANNA,J DECEMBER 22, 2O11lvld l\),*-, R.V.EASWAR, J