9911796707
TMI Blog2012 (8) TMI 543X X X X Extracts X X X X X X X X Extracts X X X X ..... tanding at the rate of Rs. 10 lakhs per month - petitioner directed to make payment - - - - - Dated:- 19-12-2011 - CHANDRACHUD D. Y. DR., SAYED A. A., JJ. JUDGMENT The petitioner has instituted these proceedings under article 226 of the Constitution, inter alia, to challenge ten orders issued by the Tax Recovery Officer under rule 26(1) of the Second Schedule to the Income-tax Act, 19 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llate Tribunal by its order dated April 7, 2011, remitted the proceedings back to the Commissioner of Income-tax (Appeals) for fresh adjudication on the merits. The proceedings for the assessment year 2008-09 are pending in appeal before the Commissioner (Appeals). The record before the court shows that on February 2, 2011, a communication was issued to the petitioner by the Deputy Commissione ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s court in KEC International Ltd. v. B. R. Balakrishnan [2001] 251 ITR 158 (Bom). Learned counsel submitted that the petitioner has explained in the charts annexed at exhibits A and B to the petition that for the assessment year 2007-08 that 78.15 per cent. of the tax liability inclusive of interest has been paid and whereas for both the years in question, the total tax liability which has been pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd was passed by the Tribunal on April 7, 2011. Having taken into account the total payment made by the petitioner as disclosed in the charts annexed at exhibits A and B to the petition respectively, we are of the view that the ends of justice would be met if the impugned orders are stayed conditional on the petitioner making a payment of Rs. 10 lakhs per month of the out- standing towards the lia ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urther default in effecting payment in terms directed by this order, the stay as directed shall come to an end without further reference to the court and the Department would be at liberty to take necessary action in accordance with law to enforce the prohibitory orders ; (v) The appeals are expedited and the Commissioner (Appeals) is requested to endeavour to dispose of the appeals by March 3 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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