9911796707
TMI Blog2012 (6) TMI 381X X X X Extracts X X X X X X X X Extracts X X X X ..... the services provided by the petitioner, but at the same time, the petitioner has to show its bonafides by paying substantial portion of the legitimate tax due as called upon vide the communication addressed addressed by the Additional Director - it is just and appropriate to direct the Corporation on Additional Director direction to deposit a sum of rupees one crore by 31.3.2012 and continue to pay for every month on or before 15th of each month, subject to this the bank accounts of the corporation shall be de-frozen - WP No. 8990/2012 (T-IT) - - - Dated:- 29-3-2012 - B S Patil, J. For Appellants: Shri S Parthasarathi a/w Shri Mallarao, Advs. For Respondents: Shri E R Indrakumar, Sr. Counsel, Shri Sanmathi Indra Kumar, Adv. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orporation which is a Government of Karnataka undertaking have been frozen resulting in total paralisation of the activities of the petitioner - Corporation. 4. Petitioner has preferred an appeal against the assessment order along with an application for interim stay before the Appellate Authority namely, the 4th respondent. In the meanwhile, as the petitioner had approached the Assistant Director of Income tax - 3rd respondent herein, they were permitted to pay 50% of the tax assessed. 5. Petitioner then approached the Additional Director of Income Tax - 1st respondent herein. Considering the request made by the petitioner, the 1st respondent permitted the petitioner to pay 30% of the tax assessed. When the petitioner did not pay this ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pon vide the communication addressed on 27.3.2012. 8. It cannot be disputed that the question regarding interpretation and understanding of the proviso to Section 2(15) of the Act has to be dealt with by the Tribunal before whom the proceedings have been already initiated by the petitioner. It cannot also be lost sight that the petitioner - Corporation is catering to the needs of the public and any paralisation of its activities will have serious effect on the general public. At the same time, the Corporation has to show its bonafides by depositing substantial sum of money towards the demand made, particularly in the light of the communication dated 27.3.2012 addressed by the Additional Director of Income Tax (Exemptions). 9. In my cons ..... X X X X Extracts X X X X X X X X Extracts X X X X
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