High Court Kerala High Court

M.K.Surendran vs The Director General Of Income Tax on 8 June, 2009

Kerala High Court
M.K.Surendran vs The Director General Of Income Tax on 8 June, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 15688 of 2008(P)


1. M.K.SURENDRAN, S/O.KUNHAMBU, AGED 42 YRS
                      ...  Petitioner

                        Vs



1. THE DIRECTOR GENERAL OF INCOME TAX
                       ...       Respondent

2. THE CHIEF COMMISSIONER OF INCOME TAX,

3. DIRECTORATE OF INCOME TAX VIGILANCE

4. THE CHAIRMAN, CENTRAL BOARD OF DIRECT

5. UNION OF INDIA, REPRESENTED BY THE

                For Petitioner  :SRI.C.KHALID

                For Respondent  :SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR

The Hon'ble MR. Justice P.R.RAMACHANDRA MENON

 Dated :08/06/2009

 O R D E R
                  P.R. RAMACHANDRA MENON J.
                    ~~~~~~~~~~~~~~~~~~~~~~~
                     W.P. (C) No. 15688 of 2008
                    ~~~~~~~~~~~~~~~~~~~~~~~
                 Dated, this the 8th day of June, 2009

                               JUDGMENT

The petitioner claims to be a recognized “informer” to the Income

Tax authorities, on whose information, the departmental authorities

conducted a raid and collected incriminating documents from the

business premises and residence of the concerned evader of Income

Tax. The case of the petitioner is that, the tax recovery resulted

because of the contribution of the petitioner being of Rs. 3.6 crores as

reward, the petitioner is entitled to have 10 % of the said amount i.e. 36

lakhs as reward, in tune with the relevant guidelines (Guidelines for

Grant of Reward for Informants, issued by the Central Board of Direct

Taxes in 1993) whereas the petitioner was given only 2.75 lakhs.

2. In response to Ext.P12 lawyers’ notice, the first respondent

sent Ext.P13 reply, stating that granting of the benefit is in tune with the

relevant ‘guidelines’ and to the extent the petitioner is actually entitled

to have the benefit. It was also stated in Ext.P13 that, if the petitioner is

aggrieved in any manner, he could very well approach the 4th

respondent/appellate authority in this regard. Petitioner has

approached this Court, challenging the inaction on the part of the 4th

respondent, despite preferring Ext.P14 appeal in this regard.

3. A statement has been filed from the part of the first respondent

seeking to sustain the stand taken by the department, also pointing out

WP (C) No. 15688 of 2008
: 2 :

in paragraph 11 that, the appeal preferred by the petitioner has already

been considered and disposed of, and that the petitioner was

conveyed to the petitioner through Ext.R1(A) dated 1.8.2007. A copy of

the minutes of the Committee dated 19.9.2006 is also produced and

marked as Ext.R1(B). It is contended that the petitioner does not have

any legal right to claim the reward as a matter of right, as per the law

declared by Apex Court, as well as by this Court on the point.

4. It is true that the legal position as above cannot be in dispute

any further. But the point involved is whether Ext.P14 appeal preferred

by the petitioner has been considered and disposed of in accordance

with the ‘guidelines’ as offered and stipulated vide Ext.P13 reply.

5. Ext. R1(A) intimation conveyed to the petitioner shows that it

was only with reference to the letter dated 29.6.2007 of the 4th

respondent; whereas Ext.R1(B) attached along with it, is dated

19.6.2006. That apart, Ext.R1(B) shows that, it is in respect of the

proceedings granting “final award” pursuant to the proposal submitted

by the Director of Income Tax (Inv.), Kochi and not with reference to

Ext.P14 appeal preferred by the petitioner. Besides this, no opportunity

of hearing was given to the petitioner before finalizing Ext.P14.

6. After hearing both the sides, this Court finds that, Ext.P14 has

to be reconsidered by the fourth respondent with reference to the

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: 3 :

relevant ‘guidelines’ and also with regard to the actual facts and figures.

Accordingly, the Writ Petition is disposed of, directing 4th respondent to

reconsider Ext.P14 appeal preferred by the petitioner, after giving an

opportunity of hearing to the petitioner, as expeditiously as possible, at

any rate, within a period of 3 months from the date of receipt of a copy

of this judgment.

Disposed of as above.

P. R. RAMACHANDRA MENON, JUDGE

kmd