9911796707
TMI Blog2019 (6) TMI 1302X X X X Extracts X X X X X X X X Extracts X X X X ..... positing ₹ 98,44,201/- (Rupees Ninety eight lakh forty four thousand two hundred and one only) the four equal installments granted in Ext.P5 can be extended reasonably by this Court. After perusing the Ext.P5, we are satisfied that the condition imposed cannot be treated as arbitrary or unreasonably in the facts and circumstances of the case. The 2nd respondent has granted four equal installments. In all the circumstances granting four equal installments amounts to granting sufficient time for complying with the condition imposed by the appellate authority. But keeping in mind the hardship now pleaded by the counsel appearing for the petitioner as an exceptional case and the exercise of the jurisdiction of the this Court under Arti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ke recovery action accordingly. The stay petitions for A.Y 2011-12, 2012-13, 2013-14, 2014-15, 2015-16, 2016-17 of the appellant are disposed of accordingly. 4. The learned counsel made a few submissions to convince this Court that adherence to bench mark deposit of 20% in the case on hand is completely unwarranted and that the petitioner has already deposited ₹ 98,44,201/- (Rupees Ninety eight lakh forty four thousand two hundred and one only) and by accepting the said deposit as due compliance with the condition imposed in Ext.P5 the appeals can be directed to be disposed of. The counsel alternatively submits that for paying the balance of 10% of amount the petitioner may be granted eight more ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e extended from four to six installments. Thereby the modified order reads thus: Without going into merits of case at this point and considering all circumstances directs petitioner to pay 20% of the total demand for A.Y 2011-12 to 2016-17 in six equal monthly installments. The challan of next payment shall be furnished to the Assessing Officer by 15.07.2019. In other words, the instalments are completed on or before 11.9.2019. It is again reiterated that the stay petitions are disposed without going into merits of the case which requires in depth examination. The balance demand is stayed for six months or disposal of appeal whichever is earlier. Any default on the part of the appellant to furnish any of the paymen ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
