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2019 (2) TMI 417 - HC - Income TaxStay of demand - regular appeal is pending before CIT(A) - petitioner directed to pay 10% of the disputed demand before 31.12.2018 in three installments pending disposal of the appeal - Held that - justice would be sub-served in directing the petitioner-company to deposit ₹ 8,00,000/- (Rupees Eight Lakhs only) in addition to the amount already deposited if any, on or before 21.01.2019 with liberty to move before the concerned First Appellate Authority for early disposal of the appeal, subject to the aforesaid deposit.
Issues:
Challenge to demand order under Income Tax Act, 1961 for assessment year 2015-2016. Petitioner's financial constraints affecting payment. Request for interim protection. Previous order directing deposit for early appeal disposal. Consent for disposal based on previous order. Analysis: The petitioner challenged a demand order arising from an Assessment under Section 143 [3] and Section 154 of the Income Tax Act, 1961, for the assessment year 2015-2016. The order required the petitioner to pay 10% of the disputed demand before a specified date in three installments pending appeal disposal. The petitioner, represented by Senior Counsel, cited financial difficulties hindering compliance and sought interim protection. A reference was made to a prior case involving the same assessee, where a similar issue was addressed. In that case, the court directed a deposit towards the demand and reserved liberty for early appeal hearing upon deposit. The Revenue's counsel had no objection to disposing of the current petition in line with the previous order. The court, considering the previous decision in the same assessee's case, directed the petitioner to deposit a specific amount in addition to any previous deposits by a specified date. The petitioner was granted liberty to approach the First Appellate Authority for expedited appeal disposal upon making the deposit. The court emphasized that the appellate authority should consider the petitioner's request for early appeal disposal. The decision was made without imposing any costs on either party.
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