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2023 (4) TMI 1278 - HC - Income TaxStay of demand - legality and validity of the order as passed u/s 220(6) questioned directing the petitioner to pay an amount of Rs. 5 crores with the respondents by 30.03.2023 - HELD THAT - While the main issue as to entitlement of the petitioner to exemption from income tax under Section 11 of the Act is the subject matter of the appeals pending before the first appellate authority, we are of the view that considering the status of the petitioner, which has been taken note of by respondent No. 1 himself, it would meet the ends of justice if petitioner pays an amount of Rs. 3 crores within a period of fifteen days from today. On such deposit being made, the demand raised by the respondents for the assessment years 2016-17 to 2021-22 shall remain stayed till disposal of the appeals stated to be pending before the first appellate authority. WP disposed.
Issues Involved:
Assaulting the legality and validity of the order passed by respondent u/s 220(6) of the Income Tax Act, 1961. Summary: The petitioner, M/s. Zoos and Parks Authority of Telangana, challenged the order dated 24.03.2023 passed by respondent No. 1 u/s 220(6) of the Income Tax Act, directing payment of Rs. 5 crores by 30.03.2023 to stay the demand of Rs. 41,38,07,520.00 raised by the Income Tax Department for assessment years 2016-17 to 2021-22. The petitioner had filed appeals under Section 246(A) of the Act against the assessment orders, with separate applications for stay of demand for 2016-17 and 2021-22 u/s 220(6). The High Court had previously set aside an order granting stay and remanded the matter for a fresh decision. Subsequently, respondent No. 1 passed the impugned order on 24.03.2023, citing the petitioner's lack of valid registration for exemption claims under Section 12A. Despite the pending appeals on entitlement to exemption u/s 11, the Court directed the petitioner to pay Rs. 3 crores within fifteen days, staying the demand until the appeal disposal. In conclusion, the writ petition was disposed of with no costs, and any pending miscellaneous petitions were closed.
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