2019 (4) TMI 1872 - HC - Income Tax

Stay proceedings - HELD THAT - A perusal of the order reveals that the respondent has sought a report from the Assessing Officer since the petitioner has filed certain additional evidences at the stage of stay application before the Officer in order to determine the question prima facie case. Thereafter, the Commissioner has passed a speaking order directing the assessee to pay 20% of the outstanding payment on or before 20.03.2019. No interference is called for in the present case and no grounds have been made raised warranting any interference whatsoever. This writ petition is thus dismissed.

Summary

Issues:
Challenge to recovery proceedings initiated by Income Tax Department for assessment years 2010-11 to 2013-14.

Analysis:
The petitioner had challenged the recovery proceedings initiated by the Income Tax Department for assessment years 2010-11 to 2013-14. The High Court had earlier set aside an order as being mechanical and directed the petitioner to appear before the Principal Commissioner of Income Tax with a stay petition covering aspects like prima facie case, financial stringency, and balance of payment. The Principal Commissioner was instructed to pass appropriate orders within two weeks of the completion of the personal hearing. The petitioner subsequently filed a stay application for consideration of these aspects, and the respondent passed an order in response.

The respondent sought a report from the Assessing Officer to determine the prima facie case since the petitioner had submitted additional evidence during the stay application. Subsequently, the Commissioner issued a speaking order directing the assessee to pay 20% of the outstanding amount by a specified date. The Court, upon review, found no grounds to interfere in the matter and dismissed the writ petition. The connected miscellaneous petition was closed with no costs imposed.