Sanjeev Prakash Sharma, J.

Both the Counsel agree that the petitions can be disposed of at this stage.

2. Admit.

3. The petitioner is a Company registered under the Companies Act 1956 having its registered Office at B-3/9, 2nd Floor, Model Town 1, New Delhi. Aggrieved of the demand notice dated 29.09.2009 issued by the Income Tax authorities (respondent No.1) holding the petitioner Company as assessee in default, the petition has been filed before this Court. In order to understand the facts it would be appropriate to quote the order of demand dated 29.09.2009 in verbatim : -

"OFFICE OF THE TAX RECOVERY OFFICER-2,
22, MOTI DUNGRI, ALWAR
No.2550	Date:-29.09.2009
Sh. Ashok Mathur,
Dy General Manger (Documentation)
Rajsthan State Industrial Development and
Investment Corporation Limited,
Udyog Bhawan, Tilak Marg,
Jaipur.
Sir,
Subject:- Arrear demand in the case of M/s Panasia Industries Ltd Plot No.F-62-63, RIICO Industrial Area, Behror, Distt. Alwar-regarding.
Please refer to your letter No.U(20) 3(-62)/164/94 dated 02.07.2009 and this office letter No.TRO2/ALW/2009-10/04 dated 23.06.2009 on the above subject.
In this connection you have been reminded many times by this office that a huge demand of Rs.1, 25, 45, 598 is outstanding against the above named assessee and for this purpose attachment of factory building including plant and machinery of M/s Pan Asia Industries Ltd. were made by way of issue of ITCP-16 on 26.03. 2004 by this office. You have been asked many times to cooperate in the matter so that recovery of tax dues may be made from the assessee. But instead of cooperating with the department you are trying to transfer the property of the above named assessee to M/s Premier Texto Trade Pvt. Ltd. You have been asked vide letter No.TRO-2 ALW/2007-08/45 dated 24.03.2008 that before giving permission to the assessee from your office for transfer of property in this case, No objection certificate should be obtained by this department. But I find that there is no cooperation from your side at all. Legal opinion from Standing Counsel of the department regarding limitation u/s 68B of second schedule was also sought, according to which it is clear that the aspect of limitation u/s 68B of second scheduled cannot be ground for releasing and relinquishing the arrears because the open words of 68B goes to show that it is a procedural section and not having overriding effect to the provisions contained in the Act.
Apart from the above it is worthwhile to mention that the attachment of the aforesaid property was made on 26.03.2004 and attached property has been sold by you. (Copy of your office letter No.327 dated 22.04.2008 is enclosed) by way of getting payment through one time settlement scheme against your outstanding dues. At that time also you were well aware about the outstanding dues of I.Tax Department against the above assessee but ignoring all these facts you are trying to cooperate the assessee and getting the property of the assessee transferred in the name of M/s Premier Texto Trade Pvt. Ltd.
In view of the above facts you are required to explain as to why the Govt. dues of Rs.1, 25, 45, 598/- alongwith interest u/s220(2) of the I.T. Act 1961 should not be recovered from you by invoking the coercive measures of recovery i.e. attachment of you bank Account etc. For this purpose you are required to attend this office on 12.10.2009 at 11.00 AM.
	Your Faithfully,
	(H.L. Gupta)
	Tax Recovery Officer
	Range-2, Alwar
Copy to:-
1. Premier Texto Trade Pvt. Lt