9911796707
TMI Blog2019 (2) TMI 119X X X X Extracts X X X X X X X X Extracts X X X X ..... ion insofar as an opportunity being afforded to the assessee before the disallowance is carried out. There is also a requirement for a demand to be raised after such disallowance is carried out by the AO. There could be no condition imposed for the period in which the appeal against Section 263 order is pending before the Tribunal. We, hence, delete the direction insofar as the condition imposed f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... earned Single Judge, wherein there was a condition imposed for payment of 20% of the total demand as per an order under Section 263 of the Income Tax Act, 1961 (for brevity the Act ). The petitioner has a monopoly insofar as sale of Indian made Foreign liquor and Foreign made Foreign liquor and other spirits within the State. The assessment for the year 2014-15 was completed by the Assessing Offi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appellant has a contention that the order under Section 263 specifically directed appropriate opportunity to be granted and disallowance could materialise only after that. There is a procedure contemplated of a hearing by the Assessing Officer and after the disallowance is made, there should also be a demand raised. The condition imposed is premature and not sustainable under a mere order under S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he opinion that there could be no condition imposed for the period in which the appeal against Section 263 order is pending before the Tribunal. We, hence, delete the direction insofar as the condition imposed for not proceeding with the recovery, especially since the stage of recovery has not yet reached. 5. However, we make it clear that if there is a demand made as a result of the consequent ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
