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TMI Blog2015 (9) TMI 1050X X X X Extracts X X X X X X X X Extracts X X X X ..... eard Mr. Abhinav Mehrotra, learned counsel appearing for the petitioner and Mr. Manish Misra, learned counsel for the respondents. The petitioner has prayed for issuing a writ in the nature of Mandamus directing respondent no. 1 not to proceed with the recovery of tax and stay operation of notice dated 26th March, 2015 issued under Section 156 of the Income Tax Act, till disposal of the Income Ta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nsel for the petitioner that during pendency of the appeal, the petitioner may not be compelled to deposit the tax. On the other hand, Mr. Manish Misra, learned counsel for the respondents has submitted that sub-section (6) of Section 220 of the Act gives discretionary jurisdiction to the Assessing Officer to exercise his power to stay the recovery. He further drew attention of the Court towards ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... agree to make payment of an instalment of Rs. 01 lac per month starting w.e.f. 01.07.2015 till the disposal of 1st appeal or realisation of demand whichever is earlier. Or b. If the assessee deposits Rs. 15 lac immediately and agree to make payment of an instalment of Rs. 02 lac per month starting w.e.f. 01.07.2015 till the disposal of 1st appeal or realisation of demand whichever is earlier. O ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t to interfere with the same. Therefore, we hereby provide that if the petitioner is not in a position to follow the same, he may challenge it before the appellate authority, who shall consider it and pass appropriate order. Learned counsel for the petitioner undertakes to file an appeal within two days, therefore, we hereby provide that on submission of appeal, the appellate authority shall disp ..... X X X X Extracts X X X X X X X X Extracts X X X X
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