9911796707
TMI Blog2014 (7) TMI 691X X X X Extracts X X X X X X X X Extracts X X X X ..... ders, who has taken into consideration the latest Circular, negatived the relief - the assessees are not running commercial business and that they are only individual assessees and also taking into consideration the fact that the difference between the income shown in the returns and assessment orders was very high, the interim relief can be granted to the assessees subject certain conditions – Stay granted. - W.P.Nos.673 to 678 of 2014 702 to 707 of 2014 and M.P.Nos.1 & 2 of 2014, W.P.No.673 of 2014 - - - Dated:- 10-7-2014 - M. Sathyanarayanan,JJ. For the Petitioners : Mr. P. Senthil Kumar For the Respondents : Mrs. R. Hemalatha for Mr. Pramod Kumar Chopda ORDER The petitioners are individual assessees. The grievance ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... struction No.96) dated 21.08.1969. The second respondent found that the above said Circular, which was heavily relied on by the assessees, has been superseded by instruction No.1914, which came into operation on 2.12.1993 and in the light of the parameters laid down in the latest instructions, no case has been made out for consideration of the stay petitions and therefore dismissed the same. Aggrieved by the same, the present writ petitions have been filed. 2. The learned counsel appearing for the petitioners would vehemently contend that even as per instruction No.1914, dated 2.12.1993, guidelines have been given for staying the demand at once and as per the said guidelines he or she requires to execute an undertaking that he or she wil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... writ petitions also. 5. This Court has carefully considered the rival submissions and also perused the materials available on record. 6. Admittedly the petitioners are individual assessees and since there was an escapement of income, for reasons recorded as provided under Section 147 of the Income Tax Act, notice was caused to them under Section 148 of the said Act and after affording them an opportunity, the assessment was finalised and those assessment orders were put to challenge by filing appeals before the third respondent. During pendency of the appeals, the petitioners invoked the jurisdiction of the first respondent praying for stay of the operation of the assessment orders, who has taken into consideration the latest Circular ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
