2012 (2) TMI 362 - HC - Income Tax

Plea for stay of the collection of tax and the interest partial relief - Held that - Petitioner is directed to deposit sum of Rs.1.75 lacs in respect of the tax demand of Rs. 6.95 lacs as per the impugned order dated 29.12.2011 within fifteen days from the date of receipt of a copy of this order for admissibility of appeal.

Summary

Issues:
1. Total tax and cess payable by the petitioner
2. Direction to pay a part of the amount to the second respondent
3. Timeline for payment and appeal hearing
4. Disposal of the Writ Petition
5. Implementation of the second respondent's order

Analysis:
The judgment delivered by MR. JUSTICE M. JAICHANDREN, J. of the MADRAS HIGH COURT pertains to a Writ Petition where the petitioner's counsel submitted that the total tax and cess payable by the petitioner amounted to Rs.6,95,444 as per the second respondent's order dated 29.12.2011. The counsel agreed that the petitioner would pay Rs.1,75,000 as part of the total amount within fifteen days from the receipt of the court's order.

Subsequently, the court directed the petitioner to pay the specified sum of Rs.1,75,000 to the second respondent within the stipulated fifteen-day period. Upon payment of this amount, the first respondent was instructed to hear the appeal, specifically ITA No.429 of 2011-12 concerning the assessment year 2009-2010, expeditiously within a maximum period of twelve weeks from the payment date.

The Writ Petition was disposed of without any costs, and the connected Miscellaneous Petition was closed as a consequence. The judgment also explicitly stated that the second respondent's order from 29.12.2011 should not be executed until final orders are passed by the first respondent, ensuring a clear directive regarding the implementation of the said order.