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TMI Blog2019 (1) TMI 117X X X X Extracts X X X X X X X X Extracts X X X X ..... Writ Petitions are allowed and the impugned orders are set aside, subject to condition the petitioner pays a sum of ₹ 15,00,000/- (Rupees Fifteen Lakhs only) towards assessment year 2008-09 before the 4th respondent within a period of four weeks from the date of receipt of copy of this order. It is made clear that the said payment is without prejudice to the contentions of either parties in the above appeal pending before the Appellate Authority. - Writ Petition Nos.31029 & 31030 of 2018 And W.M.P.Nos.36206 & 36208 of 2018 - - - Dated:- 10-12-2018 - Mr. Justice K. Ravichandrabaabu For the Petitioner : Mr.A.S.Sriraman For the Respondents : Mr.A.P.Srinivas, Standing Counsel (Income Tax) COMMON ORDER W.P.No.31029 o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ioner/assessee has filed an appeal before the First Appellate Authority and the said appeal is still pending. The claim of the revenue insofar as the assessment years 2003-04 to 2007-08 are concerned is that the petitioner is liable to pay the balance tax amount of ₹ 44,59,285/-, apart from penalty of ₹ 12,75,000/- out of the total amount of tax plus interest of ₹ 1,24,99,540/-. Likewise, in respect of assessment year 2008-09 is concerned, the claim of the revenue is that, out of the total payment of ₹ 99,27,012/-, the petitioner is liable to pay the balance sum of ₹ 83,16,190/- after giving credit to certain payments made by the assessee. 5.The contention of the petitioner before this Court is that when the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... already made payment to the tune of ₹ 80,48,255/-. Therefore, the balance amount payable by the petitioner as admitted by the revenue itself is to the tune of ₹ 44,51,285/-, apart from the penalty of ₹ 12,75,000/-. Needless to state that when the liability itself is questioned and the same is the subject matter of the tax case appeals and those appeals are reserved for orders, this Court is of the view that for realizing the said due viz., ₹ 44,51,285/- plus ₹ 12,75,000/- equal to ₹ 57,26,285/- in assessment years 2003-04 to 2007-08, cannot be justified at present, as the issue has to be finally decided by this Court in the above tax case appeals where the matters are reserved for orders. Therefore, this ..... X X X X Extracts X X X X X X X X Extracts X X X X
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