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2013 (2) TMI 242 - HC - Income TaxIncome tax liability - the total liability fastened on the petitioner is Rs.1,255.65 crores & the petitioner has already remitted Rs.868.98 crores - Held that - As the petitioner has filed Exts.P7 to P12 appeals against income tax liability fastened on him appeals are still pending, thus direct the second respondent to consider Exts.P7 to P12 appeals with notice to the petitioner as expeditiously as possible within a period of six months from the date of receipt of a copy of this judgment. In the meanwhile, having regard to the substantial payments already made by the petitioner, recovery of the balance amount due under Exts.P1 to P6 assessment orders will stand stayed.
Issues: Assessment orders under the Income Tax Act for the years 2003-04 and 2005-06 to 2009-10, pending appeals, substantial payments made by the petitioner, apprehension of coercive action for recovery of balance amount due.
Analysis: The petitioner had assessment orders passed against them for various years, resulting in a total liability of Rs.1,255.65 crores. Despite already remitting Rs.868.98 crores, the petitioner feared coercive action for the remaining amount. The petitioner filed appeals against the assessment orders, which were pending at the time of the writ petition. The court acknowledged that the appeals filed by the petitioner were statutory appeals. Consequently, the court directed the second respondent to expedite the consideration of these appeals (Exts.P7 to P12) within six months from the date of the judgment. This directive aimed to ensure a timely resolution of the pending appeals. Recognizing the substantial payments made by the petitioner, the court ordered a stay on the recovery of the balance amount due under the assessment orders (Exts.P1 to P6). The petitioner was instructed to present a copy of the judgment and the writ petition to the second respondent for compliance, effectively halting any immediate coercive recovery actions. In conclusion, the writ petition was disposed of with the above directions, providing relief to the petitioner by staying the recovery process while expediting the appeal consideration process to address the outstanding tax liabilities comprehensively.
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