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2023 (8) TMI 965 - HC - Income TaxRecovery of demand as outstanding against a company - HELD THAT - Petitioner, says that against the assessment order qua which recovery is sought to be made vis- -vis the petitioner, an appeal has been lodged before the appellate authority as far back as in 2013, which has not been adjudicated up until now. A response has been filed with respect to the aforementioned show-cause notice. Petitioner, however, says that, inadvertently, the reply, which is dated 11.05.2023, has not been placed on record. We have, however, been shown a hard copy of the reply dated 11.05.2023. Given this position, at this stage, we are not inclined to interdict the proceedings. The concerned officer is, however, directed to adjudicate the show-cause notice - In case the decision rendered by the concerned officer is adverse to the interests of the petitioner, the same shall not be given effect to, for a period of four weeks from the date of the said order being served on the petitioner.
Issues involved:
The judgment involves the recovery of outstanding demand against a company under the Income Tax Act, 1961, specifically concerning Assessment Year 2008-09. The petitioner, a director of the company, has challenged the notice issued under Section 179 of the Act. Details of the judgment: Issue 1: Challenge to the notice dated 25.04.2023 under Section 179 of the Income Tax Act, 1961 The petitioner filed a writ petition challenging the notice seeking to recover the outstanding demand against the company. The petitioner's counsel informed the court that an appeal against the assessment order has been pending since 2013 and a response to the show-cause notice has been filed. The court noted that the reply to the notice dated 11.05.2023 was not on record but was shown a hard copy of the same. Issue 2: Court's Direction and Decision The court declined to intervene in the proceedings at that stage but directed the concerned officer to adjudicate the show-cause notice dated 25.04.2023. If the decision is adverse to the petitioner, its enforcement shall be stayed for four weeks from the date of the order being served. The petitioner was granted the liberty to seek appropriate remedies against such a decision. The assessing officer was instructed to provide a personal hearing to the petitioner or their representative before proceeding further. Conclusion The writ petition was disposed of with the above directions. The pending application was closed, and the parties were instructed to act based on the digitally signed copy of the order.
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