2020 (6) TMI 269

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..... ERALA HIGH COURT] wherein for considering the appeal the demand of 20% as a condition precedent has been negated. Argument of the petitioner is in consonance with findings rendered in the judgment referred to above and reiterated by the Division Bench. AO or the appellate authority while exercising the power of appeal or stay of the assessment proceedings under section 226 of the Income Act 196 .....

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..... r is a primary Co-operative Agricultural Credit Society registered under the Kerala Co-operative Societies Act. Petitioner is an assessee on the file of the 2nd respondent. While so, the 2nd respondent issued a notice under Section 156 of the Income tax Act pertaining to the assessment year 2017-18. 2. Aggrieved by the assessment order petitioner preferred appeal before the 1st respondent along .....

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..... behalf of the income tax authorities. He submits that the order is in consonance with the provisions of Section 144 of the Income Tax Act and the Circular dated 31.7.2017 mandating the appellate authorities to ask for deposit 20% of the amount for the purpose of entertaining the adjudication of the appeal. 5. Having heard learned Counsel for the parties and appraised the paper book, I am of the .....

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