9911796707
TMI Blog2013 (5) TMI 354X X X X Extracts X X X X X X X X Extracts X X X X ..... ner in complying with the directions of the DCIT. Thus, no payment has been made for the month of April 2013. The appeal has been heard in the meantime by the C.I.T. (A) and the Court has been informed that the order has been reserved. Therefore, it would be necessary to safeguard the interest of the Revenue. Held that:- Thus, the Court orders to made the necessary deposits towards for all relevant period. The C.I.T.(A) shall dispose of the appeal by 15 June 2013 in the event that an order adverse to the Petitioner is passed by the C.I.T.(A), the recovery of the balance of the demand shall remain stayed for a period of two weeks in order to enable the Petitioner to seek recourse to the remedy in appeal. - Writ Petition (L) No. 941 of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an amount of Rs.1 crore was paid, instead of Rs.2.5 crores, whereas no payment was made for the month of January 2013 at all. As a result, the stay was revoked and the entire demand was directed to be paid. The Bank Account of the Petitioner came to be attached. On 11 February 2013, the Petitioner enclosed two post dated cheques each of Rs.2.5 crores for the months of February and March 2013. On 15 February 2013, the DCIT informed the Petitioner that the C.I.T., Central-IV had directed that a further payment of Rs.5 crores be made before 31 March 2013 upon which two monthly installments for April and May 2013 may not be pressed. On 14 March 2013, the DCIT required a payment of Rs.5 crores to be made on an accelerated basis by 20 March 2013 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ola India P. Ltd. V. Additional Commissioner of Income Tax. (2006) 285 ITR 419 (Bom). 5. The Petitioner submitted a representation on 25 March 2013. On the very same day, the order was passed by the C.I.T., Central-IV calling upon the Petitioner to pay an amount of Rs.3 crores by 28 March 2013 and a further payment of Rs.1 crore each by 25 April and 25 May 2013 subject to which the remaining installments and conditions as prescribed on 15 February 2013 would remain in force. The Petitioner submitted a further representation on 25 March 2013 making a grievance of the fact that the application for stay of recovery had not been disposed of in terms of the judgments of this Court noted above. On that application, a communication was issued on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2013 by 25 March 2013. Counsel appearing on behalf of the Petitioner states that payment in terms of the order of this Court has been effected and that in consequence, the Petitioner had made a total payment of Rs.12.45 crores in installments. As we have noted earlier, the Petitioner was called upon by an order dated 21 December 2012 to make payment of a total amount of Rs.25 crores in monthly installments of Rs.2.5 crores between December 2012 and September 2013. There was evidently a default on the part of the Petitioner in complying with the directions of the DCIT dated 21 December 2012. As at present, no payment has been made for the month of April 2013. The appeal has been heard in the meantime by the C.I.T. (A) and the Court has been ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
