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TMI Blog2017 (7) TMI 919X X X X Extracts X X X X X X X X Extracts X X X X ..... to avail the remedy available under the said circular of moving before the Principal Commissioner, Income Tax challenging the order of assessing officer made under Section 220(6) of the IT Act. Needless to mention that since the said clause 2(B)(iii) empowers the authorities for grant complete waiver of the pre-deposit part, the authority concerned, pending consideration the stay application, both at the stage of assessing officer as well as if it is moved before the Principal Commissioner, Income Tax, they shall not take any coercive steps for making the recovery. Taking into consideration the entire factual matrix of the case, and with the consent of the counsel for 60th the parties this court is also of the view that ends of justi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessment, the petitioner had preferred an appeal to the Commissioner (Appeals) on 18.01.2017 under the provisions of Section 246 of the IT Act. The appeal is pending consideration till date. Meanwhile, a demand notice dated 17.02.2017 was issued to the petitioner seeking for deposit of amount assessed by the assessing officer. Immediately, the petitioner moved an application on 21.02.2017 seeking for stay of the demand notice dated 17.02.2017 under Section 220(6) of the IT Act. Pending this application under Section 220(6) of IT Act, the assessing officer has issued the impugned order (Annexure P/1) to the creditors of the petitioner namely Oasis Commercial Pvt. Ltd. on 21.03.2017 seeking for deposit of all the dues that were payable by t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pondents however opposing the petition submits that this petition is premature. The petitioner's appeal as well as application are still pending consideration. Ex.R/1 is the instruction issued by the assessing officer to the extent of demanding deposit of 15 percent of the assessment made which is a pre-condition for moving an application for grant of stay. He further submits that if at all if the said application is decided against the interest of petitioner, he still has a remedy of moving to the Principal Commissioner, Income Tax against rejection of his application under Section 220(6) of the IT Act and before availing these two remedies, the petitioner has directly rushed for invoking writ jurisdiction of this court and therefore p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .4(B)(b) of the Circular dated 29.02.2016, gives two instances where less than 15 percent can be asked to be deposited. However, it is equally true that the factors, which were directed to be kept in mind both by the Assessing Officer, and by the higher superior authority, contained in Instruction No.2-B(iii) of Circular No.1914, still continue to exist. For as noted above, the said part of Circular No.1914 has been left untouched by the Circular dated 29.02.2016. Therefore, while dealing with an application filed by an assessee, both the Assessing Officer, and the Prl. CIT, are required to see if the assessee's case would fall under Instruction No.2-B(iii) of Circular No.1914, or not? Both the Assessing Officer and the Prl. CIT, are re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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