9911796707
TMI Blog2014 (6) TMI 675X X X X Extracts X X X X X X X X Extracts X X X X ..... Petitioner directed to make pre-deposit of Rs. 10 lakhs as a condition for stay of the recovery proceedings or any coercive steps to be taken for realization of the demand during the pendency of an appeal - stay granted partly. - W. P. No. 475 of 2014 - - - Dated:- 12-6-2014 - Hon'ble Justice Harish Tandon,JJ. For the Petitioner : Mr. J. P. Khaitan, Sr. Adv. Ms.Smita Das De, Adv. ORDER The Court : The petitioner has challenged the order dated May21, 2014 passed by the Income Tax Officer, Ward 58(3)(TDS) Kolkata whereby and whereunder the application for stay filed under Section 220 sub Section 6 of the Income Tax Act is rejected. The challenged is basically made on the ground that the said authority has not dealt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to such foreign carrier. This Court held in para 9 of the said judgement as follows ;- 9. Therefore, no elaborate reasoning is required to show that each of the aforesaid four agents was acting for a disclosed principal. Any payment made to any such agent is on behalf of its principal. The agent was merely the collecting hand insofar as the airfreight is concerned. Payment made to such agents is in fact a payment made to the principal. Therefore, the first question is answered in the affirmative. It is fairly submitted on behalf of the petitioner that the demand on the above plea to the tune of Rs.30 laks raised by the department is not sustainable in view of the ratio decided in the above noted report. Per contra the respondent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the department as a condition for stay of the recovery proceedings or any coercive steps to be taken for realization of the demand during the pendency of an appeal before the C.I.T. Such amount shall be deposited with the department within two weeks from date. There shall be unconditional stay of recovery for a period of two weeks from date. In the event the said amount is deposited within the time indicated above the department is restrained from taking any steps for realization of the amount as determined under Section 201 of the Income Tax act till the disposal of the proceeding pending before the C.I.T. (appeals). In default of the deposit of the amount as indicated above within the stipulated period, the department shall be at liber ..... X X X X Extracts X X X X X X X X Extracts X X X X
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