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2019 (10) TMI 554

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..... re confirmed tax demand would become payable to the Department. Taking note of the plea of financial hardship urged by the learned counsel for the petitioner, and the fact that, had the petitioner effectively complied with the directions of the first Appellate Authority as also the assessing authority, he would have been obliged to pay only an amount of ₹ 8,54,509/- which he did not - If the petitioner pays an amount of ₹ 15,00,000/- in lieu of the balance ₹ 8,54,509/- that he was required to pay out of the amounts ordered by the Assessing Authority/Appellate Authority, as condition for the grant of stay of recovery of balance amount confirmed against him by the assessment orders, then the respondents shall promptly, an .....

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..... . The said amount of ₹ 8,47,278/- had to be paid by the petitioner in three monthly instalments. As against this, the petitioner could effect a payment of only ₹ 6,14,860/- leaving a balance of ₹ 2,32,418/- as defaulted. Similarly, for the assessment year 2012-2013 by an order dated 11.01.2018 passed by the Assessing Authority, in an application under Section 220(2) of the Income Tax Act, the petitioner was required to pay an amount of ₹ 12,98,710/- within six months from the date of the order. As against this, the petitioner paid an amount of ₹ 6,75,000/- leaving a balance of ₹ 6,22,091/- as defaulted. On finding that the petitioner had not complied with the conditions for stay against recovery,, the res .....

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..... the assessment years. Taking note of the plea of financial hardship urged by the learned counsel for the petitioner, and the fact that, had the petitioner effectively complied with the directions of the first Appellate Authority as also the assessing authority, he would have been obliged to pay only an amount of ₹ 8,54,509/- which he did not, I deem it appropriate to dispose the Writ Petition with the following directions: i. If the petitioner pays an amount of ₹ 15,00,000/- in lieu of the balance ₹ 8,54,509/- that he was required to pay out of the amounts ordered by the Assessing Authority/Appellate Authority, as condition for the grant of stay of recovery of balance amount confirmed again .....

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