9911796707
TMI Blog2022 (8) TMI 267X X X X Extracts X X X X X X X X Extracts X X X X ..... were available and furnished to the Income Tax Department to the assessee and hence, there was no merit to entertain the writ petition. Holding so, the learned Judge has directed the appellant to work out the remedy before the appellate authority by filing statutory appeal along with miscellaneous application to stay the recovery proceedings under section 220(6) of the Income Tax Act, 1961. This court is of the view that the subject matter in issue involves factual matrix and the same cannot be decided by the writ court. Therefore, the learned Judge has rightly dismissed the writ petition and directed the appellant to file statutory appeal before the appellate authority, which does not require any interference. This court, without goi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hrough bank and during the Financial Year 2013-14 relevant to the assessment year 2014-15, the said property was sold to one Naveen Kochar by executing a general Power of Attorney dated 18.01.2003 for a total consideration of Rs.90,00,000/- which was received by cheques dated 31.08.2013 and 10.12.2013 for Rs.75,00,000/- and Rs.15,00,000/- respectively. The said Naveen Kochar thereafter, sold the said property to one M/s.Jacaranda Properties Pvt. Ltd. on 21.10.2013 for a total consideration of Rs.2,13,84,000/-, for which, the appellant neither had a part nor received a share. While so, a search was conducted under section 132 of the Income Tax Act, 1961, at the premises of the appellant on 03.09.2013. Subsequently, the assessee filed its ret ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in GKN Driveshafts v. ITO [(2003) 259 ITR 19 (SC)] . Without considering these vital factors, the learned Judge erred in dismissing the writ petition, by granting liberty to the appellant to file statutory appeal before the authority concerned. Stating so, the learned counsel sought to allow this writ appeal by quashing the order impugned herein. 3.On the other hand, the learned senior panel counsel appearing for the respondents made his submissions to support the order passed by the learned Judge. 4.Heard the learned counsel for the appellant/assessee and the learned Senior Panel Counsel appearing for the respondents and also perused the materials available on record. 5.This intra-court appeal arises from the order of the lear ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the CIT(A) and both sides are agreeable that the matters pending before the CIT(A) be taken to logical conclusion, liberty is given to the assessee as well as the Revenue to agitate all the issues before the CIT(A) in the pending appeals; pending said disposal, status quo shall be maintained by the parties. 8.Considering the facts and circumstances of the case and as agreed by the learned counsel appearing for both sides, this court, without going into the merits of the case, issues the following directions, in the light of the aforesaid decision of the Hon'ble Supreme Court: (i) The appellant / assessee is directed to pay 10% of the total demand within a period of eight weeks from the date of receipt of a copy of this judgment, ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
