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TMI Blog2018 (4) TMI 577X X X X Extracts X X X X X X X X Extracts X X X X ..... ur and the Assessing officer disallowed the same observing that the assets were not put to use during the year. Thus, following the factual position, this court is inclined to grant interim protection to the petitioner till they approach Income Tax Appellate Tribunal (ITAT) by way of an appeal and such interim protection shall be subject to a condition. The impugned notice shall remain stayed subject to the condition that the petitioner pays 20% of the the disputed tax on the additional depreciation claimed under section 32(1)(iia) of the Act on the sum of ₹ 66,35,246/- and such payment shall be made, within one week from the date of receipt of a copy of this order. Subject to compliance of the said condition, attachment of the the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8 and the last date for filing of an appeal before the Tribunal is 30.04.2018 and before the expiry of the said date, the 1st respondent/Assessing Officer could not have initiated the recovery proceeding by issuing an impugned notice under section 226(3) of the Income Tax Act, 1961. In support of the said contention, reliance is placed on the judgment of this court in the case of M/s.Rapid Care Transcription P. Ltd., Chennai v. The Income tax Officer, Chennai in W.P.No.33765 of 2017, dated 22.12.2017. Therefore, it is submitted that the impugned notice is liable to be set aside. 4. The Standing Counsel appearing for the 1st respondent sought to sustain the impugned notice by submitting that after the order passed by the Tribunal, the pet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y not be very broad proposition, as in certain cases, the concerned individual may not even file an appeal and would be willing to accept the order passed by the Appellate Authority. However, in the instant case, the petitioner is in the position of filing an appeal and they seek to set aside the finding rendered by the Commissioner of Income Tax (Appeals)-III, Coimbatore only on one issue, viz., with regard to the disallowance of additional depreciation, totalling ₹ 66,35,246/- on building, plant and machinery in respect of two milk chilling plant commissioned at Aayilpatti and Karur and the Assessing officer disallowed the same observing that the assets were not put to use during the year. Thus, following the factual position, this ..... X X X X Extracts X X X X X X X X Extracts X X X X
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