9911796707
TMI Blog2023 (3) TMI 988X X X X Extracts X X X X X X X X Extracts X X X X ..... view of the matter, it would not be appropriate for this court to deal with those contentions on merit in writ jurisdiction. As the petition is filed challenging the consent order by raising various legal issues which are subject matter of appeal filed under Section 246A of the Income-Tax Act. The discretion exercised by the authority while passing the impugned order thereby granting stay subject to deposit of 20% of the amount under demand with the facility of installments, cannot be said to be arbitrary, when order is invited by consent. No interference from this court is warranted under Article 226 of the Constitution of India in the facts and circumstances of this case. Resultantly, the writ petition fails and hence, dismissed. - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Income-Tax Act, thereby accepting returns. 3. After scrutiny of assessment, petitioner was served with notice under Section 154 for rectification of completed assessment, desiring to reduce the deduction allowed under Section 80-IA (4). The petitioner submitted detailed objection dated 25.1.2019 and assailed the method of computation adopted by the respondents. The respondents thereafter issued notice dated 15.3.2019 under Section 148 of the Income-Tax Act. The petitioner replied notice and also requested for giving reasons for issuance of notice under Section 148 of the Income-tax Act, 1961. It is the contention of the petitioner that the respondent No.2 was under statutory obligation to furnish the reasons for issuing notices. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... notice under Section 148 had been issued on 15.3.2019. The assessment order under Section 143(3) r/w. Section 147 of the Act had been passed on 29.12.2019. The petitioner has preferred an appeal before the Commissioner of Income-Tax (Appeal), which is pending consideration. The petitioner had applied before the Principal CIT-1, Nasik for keeping its demand in abeyance vide letter dated 13.10.2020. The petitioner was given opportunity of hearing. The authorized representative of the petitioner i.e. M/s. Shubhda Koppa, Chartered Accountant and Chief Engineer R.D. Pagar attended the hearing and also given written submission. After such hearing, the order impugned in this writ petition has been passed. The application has been partly allowed s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vanced by the learned advocates appearing for the respective parties, this Court finds that the petitioner has preferred a Substantive Appeal under Section 246 of the Income Tax Act and same is pending adjudication before the appellate authority. The contentions advanced by Mr. S.V. Adwant, learned advocate for the petitioner, thereby assailing the legality and validity of the notice under Section 148 of the Act dated 15.3.2019 and consequential order of assessment dated 29.12.2019 are subject matter of pending appeal before competent Authority. In that view of the matter, it would not be appropriate for this court to deal with those contentions on merit in writ jurisdiction. The petitioner can be relegated to advance such contentions chall ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the petition is filed challenging the consent order by raising various legal issues which are subject matter of appeal filed under Section 246A of the Income-Tax Act. The discretion exercised by the authority while passing the impugned order thereby granting stay subject to deposit of 20% of the amount under demand with the facility of installments, cannot be said to be arbitrary, when order is invited by consent. No interference from this court is warranted under Article 226 of the Constitution of India in the facts and circumstances of this case. Resultantly, the writ petition fails and hence, dismissed. However, the petitioner shall be at liberty to make appropriate application to the respondents for extension of time to deposit the am ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
