2012 (4) TMI 691 - HC - Income Tax

Summary

Issues Involved:
The issues involved in the judgment are related to challenging an order of assessment under the Income Tax Act, specifically regarding the payment of the balance amount due in monthly installments while the matter is pending in appeal before the appellate authority.

Issue 1: Challenge to Ext.P4 Order

The petitioner filed an appeal along with a stay petition against the assessment order under the Income Tax Act. The assessing authority directed the petitioner to pay the balance amount due in monthly installments of `3 crores each. The petitioner contended that it is unjust to pay the balance amount while the matter is pending in appeal.

Details:
- The petitioner argued that they have already paid more than 50% of the tax assessed.
- The petitioner found it arbitrary to be directed to pay the balance amount in installments while the appeal is pending.
- The petitioner challenged the Ext.P4 order, seeking relief from the obligation to pay the balance amount during the pendency of the appeal.

Issue 2: Directions of the Court

The court heard arguments from both parties, including the Standing Counsel representing the Income Tax Department. The court acknowledged the filing of a stay petition by the petitioner before the appellate authority and deemed it appropriate for the appellate authority to expedite the decision on the stay petition.

Details:
- The court directed the appellate authority to consider and pass orders on the stay petition (Ext.P3) expeditiously.
- The appellate authority was instructed to make a decision within one month from the date of receipt of the judgment.
- Until a decision is made on the stay petition, coercive recovery proceedings for the balance amount from the petitioner were ordered to be put on hold.

This judgment highlights the importance of procedural fairness and timely resolution in matters of tax assessment disputes. The court's direction for expeditious consideration of the stay petition reflects a commitment to ensuring justice and preventing undue hardship on the petitioner during the appeal process.