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TMI Blog2020 (9) TMI 202X X X X Extracts X X X X X X X X Extracts X X X X ..... pay 1% of the demand, for staying the recovery while the first appeal was pending - in second appeal, by Ext.P16 the Tribunal had directed ascertainment of the business income of the assessee and allow deduction under Section 80P - HELD THAT:- Issue dealt with by the statutory authority was not with respect to the details of depositors, but with respect to the transferring of provisions and reserv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the amounts by 30.09.2020 and another 10% by 30.11.2020. - WA.No.1126 OF 2020 - - - Dated:- 24-8-2020 - THE HONOURABLE MR.JUSTICE K. VINOD CHANDRAN And THE HONOURABLE MR. JUSTICE T. R. RAVI FOR THE PETITIONER : ADV. SRI.C.A.JOJO FOR THE RESPONDENT : SRI. JOSE JOSEPH, SC,IT ORDER Dated this the 24th day of August, 2020 Vinod Chandran, J The appellant is challenging the inte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by such undisclosed depositors as undisclosed income. At the first appellate stage, the Co-operative Bank conceded to the demand made by the Department and promised to disclose the depositors. It was in such circumstances that a Division Bench of this Court directed deposit of 1% pending first appeal. 3. In the present case, the assessee had travelled the statutory path unsuccessfully. In seco ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on to be granted under Section 80P after ascertaining the business income. In such circumstances, we do not see any similarity between the issue imugned in the writ petition and and that raised in Annexure A. 5. We are left with the order of the learned Single Judge which directed payment of 20% of the demand within one month which is an exercise of discretion, we would not interfere in appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X
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