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TMI Blog2013 (11) TMI 578X X X X Extracts X X X X X X X X Extracts X X X X ..... No. - 2302 of 2008 - - - Dated:- 4-10-2013 - Hon'ble Sunil Ambwani And Hon'ble Surya Prakash Kesarwani,JJ. For the Petitioner : Shakeel Ahmad For the Respondent : C. S. C.,Govind Krishna ORDER We have heard Sri Shakeel Ahmad for the petitioner. Sri Govind Krishna appears for the Income-tax Department. The petitioner company, dealing with the business of investment, financing and consultancy, filed its return of income for the Assessment Year 2007-08 on 31.10.2007, under Section 139 (1) of the Income-tax Act (the Act). The admitted tax amounting to Rs.15,67,798/- was not deposited under self-assessment. An intimation/order dated 28.11.2008, passed on 28.11.2008 under Section 143 (1) of the Act, was served on the petition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r to make payment of the demanded tax in 4 quarterly installments. Sri Shakeel Ahmad appearing for the petitioner submits that for the subsequent Assessment Years i.e. 2008-09, 2009-10, 2011-12 and 201-12, the liability of tax as a MAT Company was much lower than normal tax paid by the petitioner and thus there was no question of adjustment of tax to be paid in the year 2007-08. In the counter affidavit of Abhiram Kushal, Income tax Inspector in the office of Income Tax Officer (1) Kanpur , in which it is stated in para 3 as follows:- "That with regard to the contents of para 6 of the writ petition, it is submitted that the petitioner filed return for the Assessment Year 2007-08, relevant to Financial Year 2006-07 on 31.10.2007. In th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en coercive measures after a gap of thirteen months as he was deemed defaulted as per the provisions of section 140-A (3) from 31.10.2007. The allegation otherwise mentioned in the paragraph under reply is far away from record as well provision framed to this effect." The petitioner has admitted the tax liability of Rs.15,69,359/- under Section 115 JB of the Act in the Assessment Year 2007-08, relevant to Financial Year 2006-07. He was required to pay the tax by 31.03.2007, and in any case before filing of the return on 31.10.2007. The liability was computed, and there was no question of giving time , to pay the tax by giving instalments for which there is no provision under the Act or Rules. Sri Govind Krishna submits that the tax depo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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