RAJIV YASHWANT BHALE Vs. THE PRINCIPAL COMMISSIONER OF INCOME TAX
LAWS(BOM)-2017-6-1
HIGH COURT OF BOMBAY
Decided on June 05,2017

Rajiv Yashwant Bhale Appellant
VERSUS
The Principal Commissioner Of Income Tax Respondents

JUDGEMENT

S.C.DHARMADHIKARI, J. - (1.) Rule. Respondents waive service. By consent, Rule is made returnable forthwith.
(2.) By this writ petition under Article 226 of the Constitution of India, the petitioner is seeking to quash and set aside the sale of a residential bungalow, which was attached. The relief in that behalf, as set out in prayer clause (b), reads as under:- "b) that this Hon'ble Court be pleased to issue a Writ of Certiorari, or any Writ order or direction in the nature of Certiorari, and after going into the legality, validity and propriety of the sale of the residential bungalow by attachment letters dated 18 February 2013 and 28 April 2016 issued by the Respondent No 2, as also the orders dated 16 January, 2017 and 28th February, 2017 passed by the Respondent No 1; as also letters dated 22 July 2013, 1 November 2016 and 24 January, 2017 issued by the Respondent No. 2 and 3 be pleased to quash and set aside the said sale, orders and letters;"
(3.) The petitioner, an Indian citizen, has impleaded to this writ petition the Principal Commissioner of Income Tax and two tax recovery officers so also the Principal Chief Commissioner of Income Tax as respondents. The petitioner says that he is about 60 years of age and the principal business, in which he was engaged, was automobile dealership. However, on account of some erroneous commercial decisions, he suffered losses leading to the closure of his automobile dealership business. He had borrowed huge sums from banks and therefore, his properties were attached. In an attempt to restructure the financial liability, the petitioner started a business of developing properties. A group was formed, which comprised of several companies and joint venture agreements with third parties were executed in order to bring in funds for development of the properties in Pune and Pimpri Chinchwad area. The petitioner was involved in the dealings in some litigated properties. The petitioner formed two companies, namely, Yashraj Builders Private Limited and Pratham Builders and Developers Private Limited, of which, the petitioner is a director. The petitioner acquired certain rights in a land (Survey Nos. 210 and 211 at village Wakad, Taluka Mulshi in Pune District). After setting out the history of acquisition of these rights, the petitioner states that he was involved in some litigation regarding this Wakad land. Ultimately, this land was developed by the petitioner as a developer, after taking huge loan and borrowing sums from financial institutions. He was unable to repay the same and some recoveries were effected by the banks and lenders.;


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