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2023 (9) TMI 839 - HC - Income TaxCondonation of delay u/s 119(2)(b) in filing Form- 10-IC read with Section 115BAA - application for stay of demand - HELD THAT - This writ petition is disposed of by directing the Chairman, CBDT, to consider and dispose of the aforesaid application of the petitioner dated 6th December, 2022, in accordance with law and by passing a reasoned and speaking order after giving an opportunity of hearing to the petitioner or its authorised representatives, within a period of six weeks from the date of communication of this order. AO concerned/respondent no.1 is directed to consider and dispose of the application of the petitioner dated 6th December, 2022, for stay of demand in question by passing a reasoned and speaking order in accordance with law after giving an opportunity of hearing to the petitioner or its authorised representatives, within a period of eight weeks from the date of communication of this order.
Issues involved:
The issues involved in the judgment are the relief of direction upon the Chairman, Central Board of Taxes to consider and dispose of the application for condonation of delay under Section 119(2)(b) of the Income Tax Act, 1961, and the stay of demand for the relevant assessment year. Relief of direction upon the Chairman, Central Board of Taxes: The petitioner filed a writ petition seeking direction upon the Chairman, Central Board of Taxes to consider and dispose of its application for condonation of delay under Section 119(2)(b) of the Income Tax Act, 1961, in filing Form-10-IC read with Section 115BAA, of the Act relating to assessment year 2021-2022. The petitioner also prayed for a stay of demand for the relevant assessment year until the disposal of such application by the Board. The court, after considering the facts and circumstances of the case and submissions of the parties, disposed of the writ petition by directing the Chairman, CBDT, to consider and dispose of the petitioner's application within six weeks from the date of communication of the order. The assessing officer was also directed to consider and dispose of the application for stay of demand within eight weeks from the date of communication of the order. Stay of demand for the relevant assessment year: The petitioner had made an application for stay of demand before the assessing officer concerned on 6th December, 2022. The court directed the assessing officer to consider and dispose of the application for stay of demand by passing a reasoned and speaking order in accordance with the law after giving an opportunity of hearing to the petitioner or its authorized representatives within eight weeks from the date of communication of the order. The writ petition was disposed of with these observations.
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