9911796707
TMI Blog2000 (12) TMI 231X X X X Extracts X X X X X X X X Extracts X X X X ..... nd of Rs. 15,62,373 together with interest outstanding against him till the disposal of the appeal. 2. We have heard the arguments of both the sides and also perused the records. 3. The learned authorised representative of assessee has contended that in this case the assessment was completed on 28th Feb., 1995, at Rs. 12.62 lakhs as a result of findings against the assessee in proceedings unde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essee finalised on 19th Feb., 1997, and the assessee was acquitted therein and came out of jail. He has contended that tax amounting to Rs. 15.52 lakhs is outstanding against the assessee and he has not paid anything since he was in custody. He has contended that in the proceedings for recovery of outstanding demand against assessee he has been taken into custody on 19th July, 2000, in the IT proc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssee. He has also requested for an early hearing out of turn. 4. As against this, the learned Departmental Representative of Revenue has opposed the grant of stay of recovery of the outstanding demand though he has also requested that this appeal may be taken up for hearing on priority basis out of turn. He has also contended that the assessee has been taken into custody in recovery proceedings ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... running and by this coercive method also the Department has not been able to recover anything from the assessee; and the maximum period for which the assessee can be detained in such custody is six months as prescribed in r. 77 of the Sch. II of the IT Act, 1961. Considering all the facts and circumstances of the case, we do not consider it just and proper that the assessee should further be kept ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urnishes an undertaking to the satisfaction of the AO to the effect stated above and the immovable property of the assessee (residential house of assessee) shall continue to remain under attachment till the disposal of the said appeal of the assessee. 6. We also direct the Registry to fix the assessee's appeal on priority basis out of turn on 6th Feb., 2001. Copies of this order be issued to the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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